E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, DECEMBER 1, 2011 No. 183 House of Representatives The House met at 10 a.m. and was gest corporations to contribute their supercommittee shifts even more of called to order by the Speaker pro tem- fair share caused the supercommittee’s the tax burden from the rich to the pore (Mr. WEST). failure and is putting our country at middle class. Their plan would change f risk. Middle class families are strug- the tax tables in a way that benefits gling, but the world’s biggest corpora- the wealthiest households more than DESIGNATION OF SPEAKER PRO tions make huge profits and exploit tax the rest of us, which is what the chart TEMPORE loopholes to send overseas. And next to me shows. As your income The SPEAKER pro tempore laid be- the rich keep getting richer but are grows, so do your benefits. The fore the House the following commu- contributing less. wealthiest households will get more nication from the Speaker: This inequality is unacceptable, and and more benefit, and their proposal WASHINGTON, DC, it hurts America’s economy. For in- dramatically weakens a variety of tax December 1, 2011. stance, the after-tax income of the top policies that help the middle class. I I hereby appoint the Honorable ALLEN B. 1 percent rose 281 percent from 1979 to can’t support a plan like that, and the WEST to act as Speaker pro tempore on this 2007, but their total average Federal American people can’t either. day. tax rate fell by nearly 8 points. Unfor- Democrats and Republicans should be JOHN A. BOEHNER, Speaker of the House of Representatives. tunately, Washington Republicans working together on fair solutions, but have made clear that they will not fix the Republicans’ unwillingness to com- f the injustices in our Tax Code. promise is making this goal impos- MORNING-HOUR DEBATE In fact, 238 Members of the House and sible. We can find solutions that will The SPEAKER pro tempore. Pursu- 41 Senators, almost all of them Repub- reduce the debt and keep taxes low for ant to the order of the House of Janu- licans, have signed the infamous Amer- small businesses and middle class fami- ary 5, 2011, the Chair will now recog- icans for Tax Reform pledge. This lies, but only if the Republicans stop nize Members from lists submitted by pledge commits its signers to oppose protecting tax breaks for the superrich. the majority and minority leaders for any plan, no matter how responsible, When I took my oath of office, I morning-hour debate. that would ask the wealthiest people to pledged to protect and defend the Con- The Chair will alternate recognition contribute their fair share. Whether stitution, and I am committed to help- between the parties, with each party motivated by extremist ideology or ing the middle class getting our econ- limited to 1 hour and each Member commitments to greedy special inter- omy back on track. other than the majority and minority ests, the facts are clear: Republicans Democrats have demonstrated a will- leaders and the minority whip limited who signed this pledge cannot take the ingness to talk about difficult subjects to 5 minutes each, but in no event shall steps our country needs to get our like entitlement reform, but Repub- debate continue beyond 11:50 a.m. budget in order. licans refuse to negotiate. So I ask my f Republicans came to power on a mis- Republican colleagues, especially those sion to rein in the budget deficit, a who have signed the ATR pledge, a BUDGET GRIDLOCK goal that we all support. But instead of simple question: Where do your loyal- The SPEAKER pro tempore. The supporting balanced policies, Wash- ties lie? With the superrich and the Chair recognizes the gentleman from ington Republicans forced the Congress special or with the hard- California (Mr. MCNERNEY) for 5 min- to pass a dangerous budget agreement. working Americans? utes. And thanks to them, our hands are f Mr. MCNERNEY. Mr. Speaker, I rise tied. If Washington Republicans keep to address the budget gridlock that’s refusing to compromise, massive cuts LARRY MUNSON ripping Washington apart. Like every will kick in that will harm the middle The SPEAKER pro tempore. The American who cares about the future class. Chair recognizes the gentleman from of our great country, I’m upset by the Washington Republicans won’t nego- Georgia (Mr. BROUN) for 5 minutes. rampant partisan fighting. But I also tiate and won’t come up with a fair Mr. BROUN of Georgia. He turned know that the responsibility is not budget plan. Instead of helping the Georgia football games into larger- equally shared. For proof, look no fur- middle class, Republicans are standing than-life experiences. He awakened ex- ther than the collapse of the deficit up for the megarich. citement and pinpointed fear in the supercommittee. According to the Center on Budget depths of Dawg fans’ souls and shouted Washington Republicans’ refusal to and Policy Priorities, the plan put for- out those emotions on radios state- ask the wealthiest people and the big- ward by Republicans on the deficit wide. His voice will go down in history

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 00:23 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.000 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8002 CONGRESSIONAL RECORD — HOUSE December 1, 2011 as the soundtrack of some of the most creation. Americans out of work have YUCCA MOUNTAIN: HIGH-LEVEL famous play calls, highlight reels, and been doing their part to find jobs. Con- NUCLEAR WASTE STORAGE moments for UGA that will simply gress must do its part as well. Some The SPEAKER pro tempore. The never be forgotten. Republicans have unfairly and incor- Chair recognizes the gentleman from Whether it was his describing the rectly blamed those who have been laid Illinois (Mr. SHIMKUS) for 5 minutes. ‘‘sugar’’ falling out of the sky, or beg- off for their continued difficulty in Mr. SHIMKUS. It’s always great to ging the Dawgs to hunker down one finding jobs. However, there are over follow the highly respected minority more last time, Larry Munson had an four people looking for every one whip, and he is highly respected. unmatched ability to find words for that is available. At the same time, I would say that there are a lot of feelings that just could not be spoken. there are nearly 7 million fewer jobs pressing problems in this country. To call him an iconic play-by-play an- today than there were in 2007. There is one I’ll speak about today, and nouncer for the University of Georgia that’s the high-level nuclear waste football team would be a vast under- Instead of blaming the victims, we ought to work together, Democrats and storage throughout this country. I statement. He was a classic city treas- would also say to my friend that part ure, an Athens legend. And for 42 years, Republicans, to find solutions. Con- gress has never allowed emergency un- of the jobs bill has been passed. We Larry Munson breathed life into the passed the free agreement; we Sanford Stadium and made the Dawgs benefits to lapse with our jobless rate anywhere close to where it passed the veterans benefit portion; we dance. passed the 3 percent withholding. So He was different from all other is today. If it did, over 17,000 people in there has been movement in a bipar- sportscasters. Larry Munson was very my State of Maryland would see their authentic. He always told it like it lifeline cut off by February. In , tisan manner on some provisions in the was, even when he had given up on a Speaker BOEHNER’s State, 80,000 people bill. So now, Mr. Speaker, let me segue to red and black win. He didn’t care about are at risk. an issue for which I’ve come to the political correctness, and he wasn’t Among African Americans, Latinos floor now six times, that of going afraid to scream about stepping on and other minorities, a dispropor- Tennessee’s face with a hobnailed boot throughout the country and high- tionate number have been affected by lighting where high-level nuclear waste or breaking his chair—his metal, steel long-term and are espe- chair with a five-inch cushion—when is stored throughout this country. cially vulnerable if these benefits were Today, we’ll travel to the State of Georgia beat Florida in 1980 and then to end. Every State would see more went on to win the national champion- Massachusetts, right on Cape Cod Bay Americans who are out of work slip where the Pilgrim Nuclear Power Plant ship. He loved Georgia football, and into poverty. Local communities would Georgia football loved Larry Munson sits. Again, it’s right on Cape Cod Bay. be affected, too, with residual job At Pilgrim, there are over 2,918 spent- just right back. losses. The Institute His memory will live on forever in fuel assemblies on site. Yucca Moun- has estimated that allowing these ben- the body of the Bulldog Nation, in the tain, which is the defined storage loca- efits to expire would cost us another hearts of all Dawg fans, and will live on tion, by law, in the 1982 Nuclear Waste 500,000 jobs—a half a million. between the hedges every game day. Policy Act, currently has no nuclear On behalf of the United States Con- I sincerely hope that Republicans waste on site. I like to keep high- gress, here’s to you, Larry, one of the will work with us to prevent so many lighting the real distinct differences best Dawgs that Georgia has ever Americans from being left out in the based upon the years of talking about known. And we’ll never forget. We’ll cold as they continue to seek jobs but this issue and highlighting some of the miss you greatly, Larry. can’t find them. It’s long past the time arguments against Yucca, comparing it Go Dawgs. that they start working with us to pass to where we have nuclear waste today. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE a real jobs plan to get Americans back So let’s, again, continue to look at The SPEAKER pro tempore. Mem- to work and grow our economy. the Pilgrim Nuclear Power Plant. The bers are reminded to address their re- The President put a jobs bill on our waste is stored aboveground in pools, marks to the Chair. desk in September. It is now December. very similar to Fukushima-Diachi in f We’ve yet to see that bill or any other Japan. At Yucca the waste will be stored 1,000 feet underground—above UNEMPLOYMENT INSURANCE jobs bill put on this House floor by the Republican leadership. Democrats have the ground in pools, 1,000 feet under- The SPEAKER pro tempore. The ground. I think Yucca is a better loca- Chair recognizes the gentleman from multiple jobs plans on the table—the President’s American Jobs Act and the tion. At Pilgrim the waste is 20 feet Maryland (Mr. HOYER) for 5 minutes. from the water table. At Yucca it Mr. HOYER. Mr. Speaker, before we House Democrats’ Make It in America plan. Both will help create jobs right would be 1,000 feet above the water adjourn for the year, there are a num- table. I think that’s a better, safer and ber of important items that we must away and invest in long-term economic competitiveness. more secure location. You can see the address. The most pressing is the expi- Pilgrim plant is right on Cape Cod Bay, ration of at the If Republicans continue to be unwill- right next to the water. Yucca Moun- end of December. ing to work with us on a plan to create tain is situated 100 miles from, really, Should Congress fail to act, millions jobs, I hope they will at least work the nearest body of water, which would of Americans who rely on emergency with us to pass a measure that will pre- unemployment compensation will be the Colorado River. vent further losses as a result of expir- Now, for those who have been fol- begin to see their payments disappear ing unemployment benefits. I strongly lowing my time in coming to the floor, starting in January. 2.1 million of our urge my Republican friends to help us this is my sixth time. I started at Han- fellow Americans will have lost their stop the looming and entirely prevent- ford, a DOE facility in Washington benefits by the middle of February, and able disaster of millions having no sup- State, and compared it to Yucca Moun- over 6 million by the end of 2012. How- port. It is the responsibility we have to tain. I then went to Zion. I’ve got my ever, we have the power to prevent our constituents and to those looking friend from Chicago right here. Zion is that from happening by extending to us for leadership during this chal- right on Lake Michigan, which is a de- those benefits. lenging time. These emergency benefits were put in commissioned nuclear power plant that place at the start of the in Let us not go home. Let us not cele- still has waste stored on site; but Wis- December of ’07; and with so many brate Christmas or other holidays consin has two nuclear power plants Americans still out of work, now is cer- without ensuring the extension of un- right on Lake Michigan. tainly not the time to let them come employment benefits for those Ameri- Then I went to Savannah, Georgia, to to an end. cans who cannot find jobs, notwith- talk about the nuclear waste there. Of standing the fact they are looking for course, it has the Savannah River; so b 1010 jobs. They’re counting on us. Let’s be it’s right next to the Savannah River. The number one challenge we must sure that their reliance was well Then I went out to California to look address in the Congress remains job placed. at San Onofre, the nuclear power plant

VerDate Mar 15 2010 00:23 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.003 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8003 that’s right on the Pacific Ocean. Then that I cry all the time. I hope that my trolled by either party, has denied this I went to Idaho and looked at the Idaho interview next week is successful. life-sustaining unemployment benefit. National Labs and the nuclear waste Nonetheless, I am trying to be Right now we need a holiday miracle. stored there. Today, we go to Massa- proactive on the job hunt. I have a We need a miracle to help these chusetts. webinar scheduled today for successful grinches grow hearts and vote imme- The point being, there is high-level interviewing skills. And I am hoping to diately to extend the Unemployment nuclear waste stored all over this coun- apply those skills in my interview next Insurance Program. try, and a single repository at Yucca week. I just want some peace of mind I call on my colleagues, Mr. Speaker, Mountain makes sense for all of the that I will continue to receive the ex- to come together this season and bring right reasons: it’s over 100 miles from tension before the holiday.’’ some holiday cheer back to the Amer- the largest city; it’s in the desert; it Sadly, this young woman is just one ican people. would be underneath a mountain. of 58,000 Wisconsinites who will lose f There is no more safe, secure location. benefits if we don’t extend the unem- HONORING TOM MELLON Why are we not moving forward? Be- ployment insurance. And, of course, cause this administration has decided there are millions of stories like this The SPEAKER pro tempore. The not to spend the needed to fin- across the country, hardworking Amer- Chair recognizes the gentleman from ish the final environmental study icans, Mr. Speaker, who just want the Pennsylvania (Mr. FITZPATRICK) for 5 through the Nuclear Regulatory Com- opportunity to have an opportunity. minutes. mission. And as the holidays approach, the Mr. FITZPATRICK. Mr. Speaker, I So where are our Senators on this po- harsh realities of our failed economy rise today to honor one of the Bucks sition? I’ve been bringing this down to become more and more prevalent. I, County Bar Association’s most ardent the floor through all these States. We supporters, my dear friend, Tom Mel- need 60 votes in the Senate to secure along with all of my Democratic col- leagues, have been calling for the pas- lon. Tom is known by many around the America’s nuclear waste. Right now, country for his passion and commit- through the States, based upon the sage of an extension of UI benefits for ment to the law, but is equally known States we’ve identified, there are 20 what seems like an eternity. Yet some in the Bucks County area as a dedi- ‘‘yeses.’’ We’ve got about seven who are would turn their backs on their fellow cated civil servant who has spent his relatively new. We don’t know their po- Americans during the holidays and in entire life giving back to the commu- sitions. Of course, we have established these most trying of economic times. five who are ‘‘noes.’’ There are some in Like the Grinch who stole Christmas, nity. I’ve known Tom for many years, and the New England States that I men- the Republican majority with devilish tioned: grins are tipping through Whoville or, although we come from different party SUSAN COLLINS voted for Yucca in this case, across the country at- backgrounds, it has never gotten in the Mountain in 2002. OLYMPIA SNOWE tempting to steal the holiday cheer way of our friendship. Our shared val- voted for it in 2002. Senator KERRY from hardworking Americans with ues have always trumped politics. First voted against it. Now, Pilgrim is in the these tortured rationales as to why and foremost, Tom is a family man. State of Massachusetts. Based upon his they oppose these much and des- He’s a loyal husband to Sara and a statement, I guess Senator KERRY feels perately needed benefits, while con- dedicated father to four sons, Thomas, that Pilgrim is a more safe and secure tinuing simultaneously to work to en- Christopher, Ryan and Henry. Tom is location than Yucca Mountain. SCOTT sure that the rich get richer through also one of the friendliest people you BROWN has no position yet. Senator maintaining tax cuts. will ever meet. He has a genuine per- AYOTTE has no position. Senator SHA- The Unemployment Insurance Pro- sonality and a warm welcoming de- HEEN has no position. Of course, the gram serves as a lifeline for millions of meanor, which have served him well Independent from Vermont has voted unemployed Americans and their fami- throughout his . ‘‘no.’’ lies, their children, who are now at the Tom always seems to carry with him f mercy of the worst job since an inner Irish spirit. From day one he the . Millions of hard- has championed the underdog and the UNEMPLOYMENT INSURANCE working Americans, nearly 2 million in downtrodden, which is truly an admi- EXTENSION just January alone and over 6 million rable quality. Throughout the course of The SPEAKER pro tempore. The in 2012, will be cut off from the emer- his legal career, Tom has been the Chair recognizes the gentlewoman from gency lifeline that is unemployment David to many a corporation’s Goliath, Wisconsin (Ms. MOORE) for 5 minutes. insurance unless Congress acts. taking on Big Tobacco, multiple phar- Ms. MOORE. Recently and even Mr. Speaker, these are Americans maceutical companies, and even global today, we’ve heard a lot from both who have been laid off and are des- terrorists. He never waivers in his dedi- sides of the aisle about the extension of perately searching for work. But the cation to his clients or to his cause. unemployment insurance; but I think jobs just are not there. That is why we His cases are taken not necessarily be- the voices that we need to be listening must pass the Doggett-Levin Emer- cause he knows he can win, but because to are the voices of the American peo- gency Unemployment Compensation morally they are the right thing to do. ple. So, if you would indulge me, Mr. Extension Act. The Emergency Unem- Tom is truly an inspiration to many Speaker, I would like to read a letter ployment Compensation Extension Act young, aspiring attorneys who want to from one of my constituents: is just common sense, and it will con- change the world. He has been to me. ‘‘Ms. Moore, I am writing you today As Tom sees it, his life duty is to to request that you pass the extension tinue the current Federal unemploy- help those who are in need. He for unemployment insurance benefits. I ment programs through next year. The am a single mom and experienced a extension of these benefits will not launched his legal career representing at my job this past summer. My only strengthen the safety net for the the interests of victims of crime in the benefits are about to run out, and I am unemployed, but it will, most impor- United States Attorney’s Office, and he still looking for a job. Last week alone, tantly, promote economic recovery by has never looked back. I applied to over 20 jobs online, and re- preventing the loss of a half-million Today he continues his representa- ceived only one call-back for an inter- jobs. tion of the less fortunate, proudly serv- view. I have $600 left to claim on unem- Additionally, relieving insolvent ing as a trial attorney in Doylestown, ployment. After that, I do not know States from payments on Fed- Pennsylvania. what I am going to do. I pray every day eral loans for 1 year will help the After 9/11 Tom served as a lead coun- that this extension will go through be- States, including Wisconsin, which sel among a national consortium of at- fore the holidays. That is all I want for were forced to borrow funds from the torneys who were retained by the fami- Christmas. Federal Government in order to pay for lies of the victims of the terrorist at- unemployment benefits for the thou- tacks in order to pursue an investiga- b 1020 sands of unemployed or laid off. tion into the involvement of Iran and ‘‘Being unemployed has left me with Never, never before now has this been al Qaeda. In 1999 Tom arranged for the a sense of low self-worth. And I find a partisan issue where Congress, con- first group of American lawyers to

VerDate Mar 15 2010 00:23 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.005 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8004 CONGRESSIONAL RECORD — HOUSE December 1, 2011 visit Havana, Cuba, in order to better that plan.’’ In the words of William was paid millions of dollars by Freddie understand the culture of the land and Black, law expert at the University of Mac before it went bankrupt. the inner struggles of the Cuban peo- Missouri, ‘‘There was no legitimate At a minimum, our Nation needs an ple. reason for these disclosures.’’ independent commission to investigate Currently Tom also serves on the The Secretary of Treasury is sup- what actions led to the eventual col- board of directors of the Bucks Mont posed to be a public steward of our Na- lapse of and Katrina Relief Project and has raised tion’s financial well-being. But when by which turned over all of millions of dollars for the victims of he told the public one story and then its toxic mortgage paper to the tax- Hurricane Katrina in Hancock County, shared the inside track with his friends payers of the United States for the Mississippi. As part of this mission, and colleagues from Goldman Sachs next three generations. Tom has led over 100 attorneys and and other large firms, he broke that I have a bill to do just that, H.R. 2093. their family members on multiple trips trust. I ask other Members of the House to sponsor the Fannie Mae and Freddie to Hancock County to clean up the dev- b 1030 astation, rebuild homes, and assist in Mac Criminal Investigative Commis- the construction of new community To be blunt, this is self-serving crony sion Act. buildings like a food pantry and an ani- capitalism at its worst. So while real justice for Wall Street mal shelter. This is hardly the only case of special languishes in places from to Tom’s morals and decorum permeate treatment of Wall Street insiders by Toledo, Main Street America is trying every aspect of his life. His loyalty is Washington, insiders like Paulson, who to create jobs. It’s over time for Wash- unwavering and unparalleled, whether was the former head of Goldman Sachs. ington to get its House in order to re- it be to family, friends, employees, or Earlier this week, we saw a U.S. Dis- store accountability to Wall Street so clients. His dedication to the commu- trict Court throw out a settlement be- that full confidence can be restored to nity speaks volumes about who Tom is tween the Securities & Exchange Com- our economy. Exacting justice for Wall as a person. He is a kind, giving, mission and . In 2008, Street wrongdoing is long overdue. unique individual, and I’m truly Citigroup reportedly created, mar- That task remains fundamental to eco- blessed to have called him a friend for keted, and sold a fund to investors. nomic recovery and job growth. so many years and to honor him today What Citigroup did not disclose is that [From the Bloomberg Markets Margazine, as he will be honored tonight at the the bank itself was actually betting Nov. 29, 2011] Bucks County Bar Association. against their own fund. This fraudulent HOW PAULSON GAVE HEDGE FUNDS ADVANCE deal made Citigroup $160 million while f WORD OF FANNIE MAE RESCUE costing the fund’s investors $700 mil- (By Richard Teitelbaum) WALL STREET VERSUS MAIN lion in losses, and counting. STREET Treasury Secretary Henry Paulson stepped The SEC’s response to this fraud was off the elevator into the Third Avenue offices The SPEAKER pro tempore. The a $285 million settlement, slightly of hedge fund Eton Park Capital Manage- Chair recognizes the gentlewoman from more than a third of the reported ment LP in Manhattan. It was July 21, 2008, Ohio (Ms. KAPTUR) for 5 minutes. losses incurred by the victims of this and market fears were mounting. Four Ms. KAPTUR. Mr. Speaker, it’s no se- fraud. Citigroup was not even required months earlier, Bear Stearns Cos. had sold cret that Wall Street is rampant with to admit any wrongdoing. The federal itself for just $10 a share to JPMorgan Chase judge was absolutely correct to throw & Co. (JPM). cases of outright fraud, backroom deals Now, amid tumbling home and near- and very, very special political access. this case out. The SEC’s policy of al- record foreclosures, attention was focused on Meanwhile, Main Street is pushing lowing large Wall Street firms to walk a new source of contagion: Fannie Mae back hard against this tide by invest- away from fraud cases without so much (FNMA) and Freddie Mac, which together ing in our communities and struggling as admitting any wrongdoing is com- had more than $5 trillion in mortgage- to create jobs so our economy can pletely inappropriate and invites more backed securities and other debt out- grow. corruption. standing, Bloomberg Markets reports in its A steady series of probing news sto- Growing reports of fraud are stag- January issue. gering, and they underlie the Wall Paulson had been pushing a plan in Con- ries have begun to expose the depth of gress to open lines of credit to the two strug- corruption that precipitated the Wall Street dealing that has so harmed our gling firms and to grant authority for the Street meltdown and why it is so hard Nation. Throughout November, we saw Treasury Department to buy equity in them. for Main Street to recover. headline after headline of how MF Yet he had told reporters on July 13 that the Bloomberg just released a story de- Global took money from its own pri- firms must remain shareholder owned and tailing how the former Secretary of the vate customer accounts as it tried to had testified at a Senate hearing two days Treasury, Hank Paulson, provided spe- stay afloat in the days before it filed later that giving the government new power cial insider information to well con- one of the largest bankruptcies in to intervene made actual intervention im- probable. nected Wall Street executives in July American history. There may be as ‘‘If you have a bazooka, and people know of 2008, just before the meltdown. Ac- much as $1.2 billion unaccounted for. you have it, you’re not likely to take it cording to Bloomberg, on the very We used to call that stealing. out,’’ he said. same day the former Secretary told The fact is our Justice Department On the morning of July 21, before the Eton that he expected has only a handful of FBI agents to Park meeting, Paulson had spoken to New the examinations of the Federal Re- properly investigate the volume of cor- York Times reporters and editors, according serve and the Office of the Comptroller ruption infecting our markets. After to his Treasury Department . A of the into Fannie Mae and reviewing the FBI’s own testimonies, I Times article the next day said the Federal Reserve and the Office of the Comptroller of Freddie Mac would ‘‘give a signal of introduced H.R. 1350, the Financial Cri- the Currency were inspecting Fannie and confidence to the markets,’’ he in- sis Criminal Investigation Act, to au- Freddie’s books and cited Paulson as saying formed a select group of his friends on thorize an additional 1,000 FBI agents he expected their examination would give a Wall Street later in the day that in re- and forensic experts to prosecute white signal of confidence to the markets. ality, there was a plan for placing collar crime, especially Wall Street. A DIFFERENT MESSAGE ‘‘Fannie and Freddie into conservator- Back in the 1990s when we had the S&L At the Eton Park meeting, he sent a dif- ship,’’ which amounts to a government crisis, we had a thousand agents. When ferent message, according to a fund manager seizure. Those firms got insider infor- this crisis started, there were but a who attended. Over sandwiches and pasta mation, and one can ask, did they then handful because they had all been salad, he delivered that information to a place bets to protect their interests? I switched to terrorism investigations. group of men capable of profiting from any bet they did. When you look at these cases, what disclosure. One of the fund managers in that is astounding is just how well con- Around the conference room table were a dozen or so hedge-fund managers and other meeting said ‘‘he was shocked that nected so many of these institutions on Wall Street executives—at least five of them Paulson would furnish such specific in- Wall Street are to the corridors of alumni of Goldman Sachs Group Inc. (GS), of formation, leaving little doubt that the power in Washington. It now appears which Paulson was chief executive officer Treasury Department would carry out even former Speaker Newt Gingrich and chairman from 1999 to 2006. In addition

VerDate Mar 15 2010 00:23 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.006 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8005 to Eton Park founder Eric Mindich they in- able, adequate and in the public interest,’’ as they know that the commission has not cluded such boldface names as Lone Pine required by law, because the agency had monitored compliance, failing to bring con- Capital LLC founder Stephen Mandel, claimed, but had not proved, that Citigroup tempt charges for repeat violations in at Dinakar Singh of TPG-Axon Capital Manage- committed fraud. least 10 years. ment LP and Daniel Och of Och-Ziff Capital As it has in recent cases involving Bank of A recent analysis by The New York Times Management Group LLC. America, JPMorgan Chase, UBS and others, of the agency’s fraud settlements with Wall After a perfunctory discussion of the mar- the agency proposed to settle the case by Street firms found 51 instances, involving 19 ket turmoil, the fund manager says, the dis- levying a fine on Citigroup and allowing it to companies, in which the agency claimed that cussion turned to Fannie Mae and Freddie neither admit nor deny the agency’s find- a company had broken fraud laws that they Mac. Paulson said he had erred by not pun- ings. Such settlements require approval by a previously had agreed never to breach. Secu- ishing Bear Stearns shareholders more se- federal judge. rities law experts said that the ruling pre- verely. The secretary, then 62, went on to de- While other judges are not obligated to fol- sents the agency with a tough dilemma. In scribe a possible scenario for placing Fannie low Judge Rakoff’s opinion, the 15–page rul- future cases, it will have to consider the risk and Freddie into ‘‘conservatorship’’—a gov- ing could severely undermine the agency’s that another judge may be reluctant to ap- ernment seizure designed to allow the firms enforcement efforts if it eventually blocks prove a settlement given the Rakoff ruling. to continue operations despite heavy losses the agency from settling cases in which the ‘‘This is clearly a case of great signifi- in the mortgage markets. . . . defendant does not admit the charges. cance,’’ said Harvey Pitt, a former chairman The agency contends that it must settle SHARES RALLY of the agency who is now chief executive at most of the cases it brings because it does Kalorama Partners in Washington. ‘‘It’s also At the time Paulson privately addressed not have the money or the staff to battle a case for which there is no direct the fund managers at Eton Park, he had deep-pocketed Wall Street firms in court. Courts have been approving settlements by given the market some positive signals—and Wall Street firms will rarely admit wrong- government agencies without any admis- the GSEs’ shares were rallying, with Fannie doing, the agency says, because that can be sions of wrongdoing for years.’’ Mae’s nearly doubling in four days. Wil- used against them in investor lawsuits. On the other hand, Mr. Pitt noted, ‘‘there liam Black, associate professor of The agency in particular, Judge Rakoff ar- is no suggestion here that this decision and law at the University of Missouri-Kansas gued, ‘‘has a duty, inherent in its statutory would apply in every single case,’’ because City, can’t understand why Paulson felt im- mission, to see that the truth emerges.’’ But Citigroup has reached such settlements be- pelled to share the Treasury Department’s it is difficult to tell what the agency is get- fore, a situation that sets this case apart plan with the fund managers. ting from this settlement ‘‘other than a from many Securities and Exchange Com- ‘‘You just never ever do that as a govern- quick headline.’’ Even a $285 million settle- mission settlements. ment regulator—transmit nonpublic market ment, he said, ‘‘is pocket change to any enti- Judge Rakoff has been a frequent critic of information to market participants,’’ says ty as large as Citigroup,’’ and often viewed the agency’s settlements. In 2009, he rejected Black, who’s a former general counsel at the by Wall Street firms ‘‘as a cost of doing busi- a proposed $33 million settlement with Bank Federal Home Loan Bank of San Francisco. ness.’’ of America for a case in which the agency ‘‘There were no legitimate reasons for those According to the Securities and Exchange said the bank had misled shareholders over disclosures.’’ Commission, Citigroup stuffed a $1 billion its acquisition of Merrill Lynch. He eventu- Janet Tavakoli, founder of Chicago-based mortgage fund that it sold to investors in ally approved a $150 million settlement after financial consulting firm Tavakoli Struc- 2007 with securities that it believed would the agency presented further evidence of the tured Finance Inc., says the meeting fits a fail so that it could bet against its customers bank’s wrongdoing. pattern. and when values declined. The fraud, The judge also noted the difference be- ‘‘What is this but crony capitalism?’’ she the agency said, was in Citigroup’s falsely tween the agency’s settlement with asks. ‘‘Most people have had their fill of it.’’ telling investors that an independent party Citigroup and its settlement last year with A LAWYER’S ADVICE was choosing the portfolio’s investments. Goldman Sachs in a similar mortgage-de- The fund manager who described the meet- Citigroup made $160 million from the deal rivatives case. Goldman was required to say ing left after coffee and called his lawyer. and investors lost $700 million. that its marketing materials for the product The attorney’s quick conclusion: Paulson’s Judge Rakoff said the agency settlement ‘‘contained incomplete information.’’ talk was material nonpublic information, policy—‘‘hallowed by history, but not by rea- In the Citigroup case, no such facts were and his client should immediately stop trad- son’’—creates substantial potential for abuse agreed on. ‘‘An application of judicial power ing the shares of Washington-based Fannie because ‘‘it asks the court to employ its that does not rest on facts is worse than and McLean, Virginia-based Freddie. . . . power and assert its authority when it does mindless, it is inherently dangerous,’’ Judge not know the facts.’’ That undermines the Rakoff wrote. ‘‘In any case like this that GOLDMAN ALUMS constitutional separation of powers, he said, touches on the transparency of financial One other Goldman Sachs alumnus was at by asking the judiciary to rubber-stamp the markets whose gyrations have so depressed the meeting: Frank Brosens, founder and executive branch’s interpretation of the law. our economy and debilitated our lives, there principal of Taconic Capital Advisors LP, The agency said that it disagreed with the is an overriding public interest in knowing who worked at Goldman as an arbitrageur judge’s ruling but did not say whether it the truth.’’ and who was a protege of Robert Rubin, who would appeal, or try to refashion the settle- Mr. Khuzami took issue with the judge’s went on to become Treasury secretary. ment or prepare to begin a trial, as the judge characterization of the settlement ‘‘These Non-Goldman Sachs alumni who attended directed, on July 16. are not ‘mere’ allegations,’’ he said, ‘‘but the included short seller James Chanos of Robert Khuzami, the agency’s director of reasoned conclusions of the federal agency Kynikos Associates Ltd., who helped uncover enforcement, said in a statement that the responsible for the enforcement of the secu- the Enron Corp. accounting fraud; GS. Cap- Citigroup settlement ‘‘reasonably reflects rities laws after a thorough and careful in- ital Partners LP co-founder Bennett Good- the scope of relief that would be obtained vestigation of the facts.’’ man, who sold his firm to Blackstone Group after a successful trial,’’ and that the deci- Barbara Black, a professor at the Univer- LP (BX) in early 2008; Roger Altman, chair- sion ‘‘ignores decades of established practice sity of Cincinnati College of Law who edits man and founder of New York investment throughout federal agencies and decisions of the Securities Law Prof Blog, said that the bank Evercore Partners Inc. (EVR); and Ste- the federal courts.’’ decision was interesting because Judge ven Rattner, a co-founder of private-equity Citigroup said it also disagreed with Judge Rakoff carefully treads the line between the firm Quadrangle roup LLC, who went on to Rakoff’s decision, adding that it would fight deference that judges are supposed to show serve as head of the U.S. government’s Auto- the charges if the case indeed went to trial. to regulatory agencies while also ensuring motive Task Force. . . . ‘‘We believe the proposed settlement is a that the court does not simply rubber-stamp fair and reasonable resolution to the S.E.C.’s decisions. [From the New York Times, Nov. 28, 2011] allegation of negligence, which relates to a In a legal dispute between two private par- five-year-old transaction,’’ Edward Skyler, a JUDGE BLOCKS CITIGROUP SETTLEMENT WITH ties, they can agree to whatever settlement S.E.C. Citigroup spokesman, said in a statement they desire, Ms. Black said. But in a case in- ‘‘We also believe the settlement fully com- (By Edward Wyatt) volving a public agency with consequences plies with long-established legal standards. that affect the public interest, there has to WASHINGTON.—Taking a broad swipe at the In the event the case is tried, we would be some kind of acknowledgment that cer- Securities and Exchange Commission’s prac- present substantial factual and legal de- tain things did occur, she added. tice of allowing companies to settle cases fenses to the charges.’’ DUTIES AND FUNCTIONS OF THE U.S. without admitting that they had done any- In his decision, Judge Rakoff called DEPARTMENT OF THE TREASURY thing wrong, a federal judge on Monday re- Citigroup ‘‘a recidivist’’ or repeat offender, jected a $285 million settlement between for having Previously settled other fraud MISSION Citigroup and the agency. cases with the agency where it neither ad- Maintain a strong economy and create eco- The judge, Jed S. Rakoff of United States mitted nor denied the allegations but agreed nomic and job opportunities by promoting District Court in Manhattan, said that he never to violate the law in the future. the conditions that enable could not determine whether the agency’s Citigroup and other repeat offenders can and stability at home and abroad, strengthen settlement with Citigroup was ‘‘fair, reason- agree to those terms, the judge said, because national security by combating threats and

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.003 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8006 CONGRESSIONAL RECORD — HOUSE December 1, 2011 protecting the integrity of the financial sys- citizens have concluded what I, too, cause I thought I had all of the solu- tem, and manage the U.S. Government’s fi- have concluded—Washington is broken, tions. I came to Congress because my nances and resources effectively. and no one is in a hurry to fix it. constituents wanted me to be part of Treasury’s mission highlights its role as Congress hasn’t passed a balanced the solution. But criticizing the other the steward of U.S. economic and financial systems, and as an influential participant in budget in over a decade. The Senate guy’s plan is not the same as having a the world economy. hasn’t passed any sort of budget in 3 plan. The Treasury Department is the executive years. Our national debt recently Real leadership consists of presenting agency responsible for promoting economic topped $15 trillion, and our unemploy- your vision for America to the Amer- prosperity and ensuring the financial secu- ment rate hovers around 9 percent. In- ican people and then defending it. In so rity of the United States. The Department is stead of trying to fix our problems, doing, Republicans and Democrats may responsible for a wide range of activities Washington would rather argue about discover that we have some common such as advising the President on economic who’s to blame for causing our prob- ground, that we are not enemies, but and financial issues, encouraging sustainable economic growth, and fostering improved lems. Sure, there’s a lot of agreement friends. Let us summon up, as we have governance in financial institutions. The De- as to what’s wrong with our country, before, the ‘‘better angels of our na- partment of the Treasury operates and main- but not a lot of action geared towards ture’’ and rededicate ourselves to the tains systems that are critical to the na- making anything right. Our President hard work of leadership. tion’s financial infrastructure, such as the and too many in this Congress would Washington is indeed broken. Let’s production of coin and currency, the dis- rather demagogue and demonize than hurry up and fix it together. bursement of payments to the American pub- lead and legislate. Washington is bro- f lic, revenue collection, and the borrowing of ken, and nobody’s in a hurry to fix it. funds necessary to run the federal govern- While many of our constituents are PASS AMERICAN DREAM ACT ment. The Department works with other fed- eral agencies, foreign governments, and struggling to find a second, and in The SPEAKER pro tempore. The international financial institutions to en- some cases a third, job, Washington is Chair recognizes the gentleman from courage global economic growth, raise stand- failing to perform its only job—gov- Texas (Mr. HINOJOSA) for 5 minutes. ards of living, and to the extent possible, erning. Is it any wonder that so many Mr. HINOJOSA. Mr. Speaker, it is predict and prevent economic and financial Americans are frustrated? with great sadness that I rise to urge crises. The Treasury Department also per- These aren’t Republican problems or my colleagues on both sides of the aisle forms a critical and far-reaching role in en- Democrat problems. They’re not House to pass the American DREAM Act. hancing national security by implementing problems or Senate problems; these are This past weekend, I learned of the economic sanctions against foreign threats to the U.S., identifying and targeting the fi- Washington problems. Unfortunately, tragic death of Joaquin Luna, a senior nancial support networks of national secu- after 11 months on the job, I’ve seen far student at Juarez Lincoln High School rity threats, and improving the safeguards of too few Washington solutions. in Mission, Texas, who took his life be- our financial systems. Many of us came to Washington this cause he believed that he would never ORGANIZATION year, some of us new to government, to be able to fulfill his dream of becoming The Department of the Treasury is orga- offer solutions. We came ready with an engineer, earning his citizenship, nized into two major components the De- ideas. We came ready to defend those and leading a full and prosperous life in partmental offices and the operating bu- ideas, to respond to criticisms, to make America. reaus. The Departmental Offices are pri- the ideas into workable solutions and, Brought to the United States as an marily responsible for the formulation of ultimately, to implement those solu- infant, Joaquin attended our Nation’s policy and management of the Department tions to make a better life for those public schools, played the guitar at his as a whole, while the operating bureaus who sent us here. We came with the church, and hoped to go to college and carry out the specific operations assigned to same sense of urgency that the Amer- the Department. Our bureaus make up 98% of achieve the American Dream. I cannot the Treasury work force. The basic functions ican people expect of us. express the sorrow I feel on the loss of of the Department of the Treasury include: But Washington is broken. Too many such a talented young man. I want to Managing Federal finances; people in this city resist publicly com- extend my heartfelt condolences to Collecting taxes, duties and monies paid to mitting to hard, workable solutions be- Joaquin’s family and friends. I cannot and due to the U.S. and paying all bills of cause parroting talking points is so imagine the pain they are suffering. It the U.S.; much easier. But until we get down to is heartbreaking to know that many of Currency and coinage; brass tacks, we’ll continue to talk past us in the U.S. House of Representatives Managing Government accounts and the one another. passed the DREAM Act at this time public debt; So I make this entreaty to all of my Supervising national banks and thrift in- last year, only to see the legislation stitutions; colleagues: whether you are a Repub- held up in the Senate by a vote of 55– Advising on domestic and international fi- lican or a Democrat, commit to pro- 41. nancial, monetary, economic, trade and tax posing workable solutions. Get into the Today, as Joaquin Luna’s body is laid policy; details. Put them on paper. Until both to rest, I believe it is imperative to un- Enforcing Federal finance and tax laws; sides put a specific, written, scoreable derscore the urgency of passing the Investigating and prosecuting tax evaders, plan on the table, we’ll never find the DREAM Act in the 112th Congress and counterfeiters, and forgers. common ground necessary to strike renewing hope for DREAM students. As f that grand bargain. In the absence of a proud cosponsor of H.R. 1842, the De- specifics, we’re just playing politics. FIXING A BROKEN WASHINGTON velopment, Relief, and for That’s why Washington is broken. Alien Minors Act of 2011, better known The SPEAKER pro tempore. The Now, earlier this year, those of us on as the DREAM Act, I urge President Chair recognizes the gentleman from the Budget Committee introduced a Obama and my colleagues in the House Indiana (Mr. YOUNG) for 5 minutes. comprehensive plan that would reduce and the Senate to put their ideological Mr. YOUNG of Indiana. Mr. Speaker, our deficit over the next decade by over differences aside and do what is right. I rise today to speak on behalf of the $6 trillion. It would balance the budget Now more than ever, we must give overwhelming majority of my southern and start paying down our debt. It these young people an opportunity to Indiana constituents. would create an environment where pursue their college and career goals, A year ago, they sent me to this body jobs could flourish and grow, and it resolve their immigration status, and to give a voice to their frustrations would save and strengthen our safety earn their citizenship. with Washington—a frustration I net programs likes Medicare and Med- shared then and share now more than icaid. Most importantly, it addressed b 1040 ever. The American people’s frustra- our challenges with the sense of ur- The DREAM Act would allow these tion stems from a lack of real progress gency they require. students the opportunity to earn legal in addressing our Nation’s most funda- If you disagree with that plan or you status if they were 15 years old or mental challenges: Federal spending, have a more optimal solution, let’s younger when they were brought to our national debt, job creation, and the hear it. Introduce it. I’m open to better America, are long-term U.S. residents decline of the middle class. Our fellow plans. I didn’t come to Congress be- and have lived in the United States for

VerDate Mar 15 2010 00:23 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.005 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8007 at least 5 years before the enactment of residents that discharges into the First, to limit private-party lawsuits the law, have good moral character, Smuthers Ravine. Because it does so, it to issues of significant noncompliance graduate from high school or obtain a operates within the provisions of the rather than harmless paperwork errors; GED, and complete 2 years of college or Clean Water Act, a measure adopted in Second, to shield local agencies from military in good standing. 1972 and rooted in legitimate concerns liability for acts that are beyond their Having been brought by their parents to protect our vital water resources. control; to the United States as children, these The problem is that predatory environ- Third, to give local agencies 60 days young men and women know America mental law firms have now discovered to cure a violation before legal action as their home. Without question, how to take unconscionable advantage can be initiated; DREAM students exemplify the best of of that law to reap windfall profits at Fourth, to allow communities to am- American ideals, such as hard work, the expense of working-class families ortize the cost of new facilities over a perseverance, and the desire to con- like the townspeople of Colfax. period of 15 years before new require- tribute to our Nation’s workforce, In the case of Colfax, an environ- ments can be heaped on them; economy, and civic life. mental law firm demanded every docu- Fifth, to require a cost-benefit anal- In the Rio Grande Valley of south ment pertaining to the water treat- ysis before new regulations can be im- Texas, DREAM students have excelled ment plant from the date of its incep- posed; in school and have become valedic- tion. It then pored over those docu- Sixth, to limit attorney fees to the torians, Advanced Placement Scholars, ments looking for any possible viola- prevailing fees of the community. and student leaders, despite facing dif- tions, including mere paperwork er- Like many movements, the impetus ficult circumstances. rors. By law, those documents include for stronger environmental protection As ranking member for the Sub- self-monitoring reports by the water of our air and water was firmly rooted committee on Higher Education and agency itself, and any violation, no in legitimate concerns to protect these Workforce , I have no doubt matter how minor, establishes a cause vital resources; but like so many move- that the DREAM students can help of action for which the law provides no ments, as it succeeded in its legitimate America achieve President Obama’s affirmative defense, even if the viola- ends, it also attracted a self-interested ambitious high school and college com- tion is due to factors completely be- constituency that has driven far past pletion goals by the year 2020. Many of yond the local community’s control, the borders of common sense and into these students are working tirelessly including acts of God and acts by unre- the realms of political extremism and to earn their high school and college lated and uncontrollable third parties. outright plunder. I’m hopeful that diplomas and aspire to become profes- Prove one such violation—and remem- we’re now entering an era when com- sionals in the sectors of our workforce ber, the law allows for no affirmative mon sense can be restored to environ- which need their talent, skills, and in- defense—and you’ve just guaranteed mental law in this session of the Con- genuity. the attorneys all of their fees, which in gress. In the areas of science, technology, this case were billed at $550 per hour. f engineering, and mathematics, better As a result of this predatory activity, PILOT FATIGUE RULE known as STEM, our country must the town of Colfax is facing legal fees The SPEAKER pro tempore. The train a new generation of high-skilled alone that exceed the town’s entire an- Chair recognizes the gentleman from scientists, engineers, and mathemati- nual budget. Families that are strug- cians to bolster scientific discovery New York (Mr. HIGGINS) for 5 minutes. gling to keep afloat just above the pov- Mr. HIGGINS. In February 2009, trag- and spur technological innovation. erty level are fleeced by attorneys edy struck western New York when Simply stated, these talented youth charging $550 an hour. But that’s just Continental Connection Flight 3407 can help our Nation increase its global part of the problem. crashed outside of Buffalo. The Na- competitiveness and be the innovators The law requires constant upgrading tional Transportation Safety Board of tomorrow. of facilities to meet ever-changing found that one of the principal causes Finally, it’s important to note that the state-of-the-art regulations that have of the crash was pilot fatigue, so Con- DREAM Act has enjoyed broad, bipartisan nothing to do with health and safety gress passed landmark aviation legisla- support from Members of Congress and Ad- and with absolutely no concern for the tion to reform the system. ministration officials on both sides of the aisle. prohibitive costs involved. In fact, One of the key provisions required They include Secretary of Education Arne Colfax is now required to discharge that the Federal Aviation Administra- Duncan, former Secretary of Defense Robert water certifiably cleaner than the nat- tion update flight and duty time rules Gates, Former Secretary of State Colin Pow- ural stream water into which it is dis- and set minimum rest requirements for ell, and Carlos Gutierrez, former Secretary of charged. In Colfax’s case, this required airline pilots by August 1, 2011. Con- Commerce under President Bush. a $15 million expenditure, divided gressional intent was clear. That Chancellors and university presidents and among 800 working-class residents, who should have been enough time. After thousands of students, civil rights groups, and are now paying $2,500 per year just for all, the National Transportation Safety prominent education, business, religious lead- their water connections. And once the Board had urged that pilot fatigue ers, and elected officials support the DREAM town has met the standard, there’s no rules be updated for the past 20 years. Act because it is humane and sensible. It’s the guarantee that in 5 years it won’t be Getting it right is also about getting right thing to do. told, Sorry, the rules have changed and it done. Yet here we are today, 16 f you’ll need to start over. months after Congress asked the Fed- Mr. Speaker, it’s time to restore THE PLUNDER OF COLFAX eral Aviation Administration to issue some form of rationality back to this these reforms and 4 months past the The SPEAKER pro tempore. The law and to stop the plunder of small Chair recognizes the gentleman from deadline we gave them, and still no towns like Colfax. And Colfax isn’t pilot fatigue rule. California (Mr. MCCLINTOCK) for 5 min- alone. Any community that operates a utes. wastewater treatment plant is in the b 1050 Mr. MCCLINTOCK. In the Sierra foot- same jeopardy. That is unacceptable to me, that is hills in northeastern California lies the No one disputes that we need to unacceptable to my colleagues from little town of Colfax, a population of maintain and enforce sensible and cost- western New York, and it is unaccept- 1,800, with a median household income effective protections of our precious able to the flying public. of about $35,000. Over the last several water resources; but legitimate envi- I urge the Federal Aviation Adminis- years, this little town has been utterly ronmental protections must no longer tration to complete the pilot fatigue plundered by regulatory and litigatory be used as an excuse for regulatory ex- rule immediately. excesses that have pushed this little tremism and litigatory plundering of f town to the edge of bankruptcy and our local communities. ravaged families already struggling to Today, I’m introducing legislation to KEYSTONE XL PIPELINE SAFETY make ends meet. offer six reforms to protect other com- The SPEAKER pro tempore. The You see, Colfax operates a small munities from going through the same Chair recognizes the gentleman from wastewater treatment plant for its nightmare as the people of Colfax: Texas (Mr. OLSON) for 5 minutes.

VerDate Mar 15 2010 00:33 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.008 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8008 CONGRESSIONAL RECORD — HOUSE December 1, 2011 Mr. OLSON. Mr. Speaker, at a time nadian pipelines. Good old-fashioned there’s things that Americans can do. when our Nation’s economy is strug- common sense tells us that no com- It’s not just waiting for this Congress gling to recover from our deepest reces- pany would try to destroy its own in- to act, because you hold in your hands sion in which millions of Americans terest by spending billions to construct the power to control this Congress. are looking for work, no one would be- a pipeline system that is going to be And we should not have to wait until lieve that we would forgo an oppor- eaten up by the very products it trans- next year in order to say that you can tunity to reduce our reliance on Middle ports. express yourself at the polls. No in- Eastern oil and create thousands of I’ll wrap up my comments with the deed. American jobs. facts about the Keystone XL pipeline. Every Member of Congress—435 of us Incredibly, that’s exactly what hap- This project has been exhaustively here—are anxiously waiting for your pened after the White House announced studied and revised to ensure its safe- call, and I hope that call would be a they would delay decision on approval ty. Three years of grueling review and call of compassion. It should be a call of the Keystone XL pipeline until 2013, detailed analysis by multiple Federal from our ministers, from our Catholics after the elections of November 2012. Government agencies have concluded and Protestants and Jews and syna- At a time when our President faced a that construction and use of the Key- gogues and Mormons and Muslims say- difficult choice between opposing pow- stone pipeline is safe. In August, our ing that in America we should not have ers within his base—labor unions and Department of State recommended the vulnerable carrying the pain of radical environmentalists—he chose to that President Obama approve the Key- mistakes that have been made. We punt rather than lead. stone XL pipeline. should be hearing from our civic lead- Labor unions support construction of Our economy is still teetering on re- ers and our voters and calling Repub- the Keystone XL pipeline because they cession. It needs to be strengthened; licans, Democrats, and Independents understand this project has been and we need a safe, reliable supply of saying we did not send you to Wash- deemed safe and will create 20,000 di- energy to grow it. Canada can provide ington to display just what a good Re- rect American jobs and thousands more it. They want to provide it, thereby re- publican you are or what a good Demo- indirect jobs across our Nation as the ducing our reliance on Middle Eastern crat you are. pipeline is built. But radical environ- oil and strengthening our national se- mentalists and Hollywood activists ve- curity because we have energy security We should talk about this sign up hemently oppose the project. In fact, as a result. here, ‘‘In God We Trust.’’ Doesn’t that they surrounded the White House in Thousands of new jobs will be created mean something about taking care of protest of the Keystone XL pipeline, to build this pipeline. Mr. Speaker, I the vulnerable, the unemployed, those claiming that the project is not envi- urge the President to approve the Key- without homes, without jobs and with- ronmentally safe. While these pro- stone XL pipeline now. out hope? Doesn’t it mean that we have a tradition as Members of Congress? testers made catchy headlines, their f claims about the Keystone XL pipeline And doesn’t it mean that our voters simply aren’t true. EXTENDING UNEMPLOYMENT have a responsibility not to just say The Keystone XL project has been COMPENSATION how bad we are, but to say how good studied extensively for over 3 years, The SPEAKER pro tempore. The they are for making certain that when TransCanada originally filed an Chair recognizes the gentleman from they’re monitoring our conduct, not application for a Presidential permit New York (Mr. RANGEL) for 5 minutes. through a poll, but through our action. with the Department of State. The Mr. RANGEL. My colleagues, I once The question is, How did your Con- Presidential permit review process was again rise asking that we immediately gressman vote on extending unemploy- conducted by the State Department, consider extending the Federal Unem- ment compensation? the Environmental Protection Agency, ployment Compensation Act. and many other agencies within the It seems as though I walked into this b 1100 Federal Government. After 3 years of movie before, last year, and we were comprehensive review and several begging once again that we throw away Rather than wait for the good or bad changes to the project to accommodate the labels of being Democrat or Repub- news, call now. Call today. Call every environmental concerns, the final re- lican and reach out to make an appeal day this week. port to the White House incorporated as to what makes this country dif- They’ll never have a Thanksgiving or 57 project-specific special conditions ferent from other countries. a Christmas that they used to have, for the design, construction and oper- This is the only country in the world but they can’t give up hope. They can’t ation of the Keystone XL pipeline. In that no one wants to leave and every- give in and they can’t give up. one wants to come in. And it’s not be- simple terms, the Keystone XL pipeline So I am saying for America, you cause of the differences we have with was designed to be the safest pipeline don’t have to go and protest, even the rich and the poor. It’s that always the world has ever known. though I appreciate the fact that these in this country we extended hope. We Here’s the truth why the Keystone courageous men and women are doing allowed people to believe that they XL pipeline promises to be the safest it. You don’t have to walk those civil were never really truly alone. And then pipeline ever. As proposed, the Key- rights marches. But you can at least we find a circumstance that Ameri- stone XL pipeline will be monitored 24 get in touch with your Member of Con- cans, hardworking Americans are try- hours a day, 7 days a week, 365 days a gress, remind him or her of their con- ing to fulfill that American Dream— year with the most advanced tech- stitutional responsibility, and remind once again not to become a Wall Street nologies. It will be buried at a deeper them of their moral responsibility to broker, and certainly not to be living a depth than similar pipelines to mini- the vulnerable among us, the sick, the life of poverty, but to join that middle mize risk. It will utilize multiple leak aged, the unemployed, those that class that has been the engine for hope detection methods and failsafe shutoff played by the rules, and we know have and economic advancement for our systems, as well as having an emer- nothing to do with the situation they country. And we find this situation gency response program in place ready find themselves in economically. to respond if needed. now that, through no fault of their Critics of the project further claim own, these dreams have been shattered. We can make a change, but it’s going that the crude transported by the Key- People have not only lost their jobs, to take the American people to come stone XL pipeline is highly corrosive but they’ve lost their self-esteem, together and say they’re mad as hell ‘‘toxic sludge.’’ This is a claim that can they’ve lost their , they have and they’re not going to take it any- only come out of Hollywood, with no not been able to send their kids to col- more. facts to support it. Independent anal- lege. So let’s make an appeal that America ysis and sound science have determined And so what is it that we can do takes the Congress back. Direct not these oils are not corrosive to steel. since it’s abundantly clear that in this ourselves to do things in order to get Canadian oil is already shipped safely Congress there is a gridlock? And we reelected but direct we do things be- across the United States via other Ca- don’t want you to lose hope because cause it’s the right thing to do.

VerDate Mar 15 2010 00:33 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.010 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8009 HONORING THE LIFE OF LANCE the Douglas County Sheriff’s Depart- to take the position of the Democrats, CORPORAL SCOTT HARPER ment, among many others. and, as a result, we have polluted the The SPEAKER pro tempore. The Norfolk-Southern even stopped its public. Chair recognizes the gentleman from railroad cars in honor of the proces- This is one of the nastiest moments Georgia (Mr. WESTMORELAND) for 5 sion. As they passed everyone stood in U.S. history. Just look at television. minutes. and saluted to honor the fallen Marine Look at all of the so-called reality Mr. WESTMORELAND. Mr. Speaker, and hometown hero. shows. The ones that are most popular I could not think of a more appropriate Boots embodied the ideals that the are ones where people are doing things person to be in the Chair this morning Marines strive to achieve. I am both to each other or insulting each other; than yourself, to me and to others, an honored and proud that this soldier you’re fired, or you’ve got to eat live American hero because, Mr. Speaker, from the Third District fought so hard spiders. That’s what we are coming to. today I come to the floor with a sad- for our country and for our freedom. A perfect example of what we’re ness but yet with a great sense of pride Boots was a model citizen, soldier, and doing is not addressing the expiring un- to honor the service of one of Georgia’s son. He was an extraordinary young employment benefits. At the end of own, Lance Corporal Scott Harper. man with incredible potential before this year, almost 2 million Ameri- On October 13, in Helmand Province, him, and he will be forever missed. cans—they have names, they have Afghanistan, he gave the ultimate sac- I am proud to stand here and thank faces, they have families—2 million rifice in support of Operation Enduring him for sacrificing his life for strangers Americans will lose their unemploy- Freedom and the protection of his like me and my family. And Joan and ment benefits by mid-February. I extend our sympathy to the family of homeland and his family and his b 1110 friends. this fallen hero for raising such a Mr. Speaker, he will be greatly brave, courageous, honorable, giving A total of over 6 million Americans missed by all. Lance Corporal Harper son. will lose benefits next year unless this was better known to his close friends And Boots, we, as a Nation, salute body decides to become functional. In not as Scott but as Boots. While a stu- you today. Semper Fi. Missouri, my home State, 40,400 citi- dent at Alexander High School, he once f zens depend on unemployment benefits. Many more are unemployed and not re- forgot his tennis shoes for gym class LIFE WITHOUT HOPE and kept his boots on instead. And on ceiving any help at all. In Missouri, the that day, Mr. Speaker, he learned the The SPEAKER pro tempore. The unemployment rate is almost 9 per- lasting nickname of Boots. But he also Chair recognizes the gentleman from cent. showed how he was prepared to adapt Missouri (Mr. CLEAVER) for 5 minutes. I grew up in public housing. Yes, pub- to all scenarios. Mr. CLEAVER. Mr. Speaker, first, let lic housing. My father worked three When a Marine recruiter showed up me associate my comments with those jobs to get us out, worked three jobs to at his high school senior year, Boots of my colleague Mr. WESTMORELAND. send me and my three sisters through answered the call and chose a life of Mr. Speaker, on each Wednesday college. And my mother started college service in the United States Marine night for probably the last 10 or 12 when I was in the 8th grade. So I al- Corps with a courage and motivation years, our church has provided food for ways resent any implication that peo- that most young men his age have not those who are struggling. Not long ago ple don’t want to work. yet found in life. a gentleman came to our church, So as we move into a holiday season, After graduating high school, he picked up food. And then later that a season of hope, my hope is that the went into active duty in the Marine night, as I was leaving the church, I Congress of the United States will not Corps. Boots served one term in Af- ran into him at a 7-Eleven. You can snatch hope from over 2 million Ameri- ghanistan and returned safely home. imagine how troubled I was when I saw cans. He left on the second tour July 13, with him buying a lottery ticket. I thought f to myself, this guy has just ripped off the First Battalion, Sixth Marine Regi- EUROPE BAILOUT ment, Second Marine Division. the church and then is using his money On October 13, his division was for a lottery ticket. The SPEAKER pro tempore. The struck by small arms fire while con- So I waited for him outside the 7- Chair recognizes the gentleman from ducting combat operations. A fellow Eleven. And when he came out, I said Indiana (Mr. BURTON) for 5 minutes. Marine was shot first, and Boots ran to him, Look, I’m a little concerned be- Mr. BURTON. Mr. Speaker, no na- into opposing gunfire to save his cause you picked up a sack of gro- tion, no economy can survive without friend. Though Boots lost his life, he ceries, and then you just spent money fiscal discipline. Printing more money saved the life of his wounded friend in on a lottery, and those two just don’t is never the answer. Bailout funds have the process. Boots was always loyal as match. already been granted to Greece, Ire- a friend, and there is no more honor And he said, Well, I probably land, and Portugal; and the European that one can give than to lay down his shouldn’t have spent the money on the crisis has gotten worse, not better. life for another. lottery, but you know, Reverend, a And here in the United States, the Boots was devoted to his family and man’s got to have some hope. Obama administration has cranked up his community. Even when he only had And while I think that hope is mis- the printing presses first through their a few days off, he would make time, placed, the truth of the matter is he $800 billion stimulus boondoggle and that precious time, to come home and was absolutely correct. It is virtually then through the Federal Reserve’s visit his family and friends. Though impossible to live any kind of produc- Quantitative Easing Program. And communication was difficult, Boots tive life on this planet without hope. what did it produce? Nine percent un- was always writing his family and There are millions of Americans who, employment and a $1 trillion-plus called home as much as possible. The unfortunately, cannot place their hope budget deficit for the last 3 years, and Saturday before he was killed, Boots in this body. I think that I can state we have $15 trillion in debt. called his father to say that he had de- without fear of contradiction that the I want to read from a couple of arti- cided to enroll at the University of dysfunctionality of the United States cles that were in the paper yesterday. Georgia when he returned home. Congress is helping to erase hope from The first one from The Wall Street Upon coming home for this final the men and women in this country Journal, and it’s entitled ‘‘Blame It on time, he arrived at Charlie Brown Air- who are struggling. All of the back and Berlin.’’ It says: ‘‘Berlin’s alleged sin is field. Crowds from the community forth and blaming each other has noth- its reluctance to write a blank check lined the streets to escort Boots to his ing to do with providing hope. And to save the euro—either by under- final home, to his family and to his quite often, we allow ideology to trump writing a new euro zone fiscal union, or friends for the last time. Boots was ac- logic. by granting permission for the Euro- companied by a Marine Corps Honor We decide almost every day that no pean to buy trillions of Guard, the Patriot Guard, the matter what, I’m going to take the po- dollars in sovereign debt.’’ And they’d Douglasville Police Department, and sition of the Republicans or I’m going have to print money to do that.

VerDate Mar 15 2010 00:33 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.012 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8010 CONGRESSIONAL RECORD — HOUSE December 1, 2011 ‘‘The chant comes in unison from the We should not risk the American tax- b 1120 debtor nations themselves, the bailout payer by giving money or lending They can’t bring themselves to fund caucus in Brussels. An Obama White money to Europe under these cir- it. They don’t want to do it. House concerned with its re-election cumstances. It’s crazy, in my opinion. As the holidays near, economics Mr. Speaker, I hope that the Presi- and liberal pundits worried about their should take a backseat to our basic hu- dent and the Fed will reconsider this welfare-state is under manity. What about our commitment and not put us into the basket with the assault. Like the ‘rich’ American who to each other? We’re all in this to- Europeans under these circumstances must pay their ‘fair share,’ the Ger- gether; but unfortunately, the 47 per- right now. It makes absolutely no mans are supposed to pay up to save a cent of millionaires who populate the sense, and it risks the American tax- united Europe. House of Representatives don’t have payer. ‘‘The reality is that the Germans, that same concept of knowing what it along with the Dutch and the Finns, f is to hurt when you’ve been unem- are the rare Europeans who understand UNEMPLOYMENT IN AMERICA ployed for such a long time and when that the euro requires more The SPEAKER pro tempore. The money is not coming in. They don’t re- than a blank check. It requires a new late to that. We’ve got nearly 14 mil- political commitment to better eco- Chair recognizes the gentleman from Georgia (Mr. JOHNSON) for 5 minutes. lion unemployed workers, and about nomic policy to fiscal discipline.’’ five workers are applying for each job Now let me read from another article Mr. JOHNSON of Georgia. At a time that is available. So, for Congress to that was in the paper. I think it was when Americans are not really deeply think about going home to celebrate this morning in this Washington Post. concerned about investors in European the holidays with their families and I will read it in part. It says: ‘‘Inves- markets and what will happen to them leaving these people out with no hope tors have grown wary of lending money upon Greece or Italy or somewhere like is, indeed, a great tragedy. to European banks.’’ People who in- that going belly-up, most Americans vest, they don’t want to invest in Euro- are fixated on one problem, ladies and f gentlemen. It’s a very personal prob- pean banks because they’re worried lem. That problem is unemployment TRIBUTE TO MRS. MAGGIE DALEY, that their firms could lose vast right here in America. FIRST LADY OF THE CITY OF amounts of money in their holdings of Now, while we are pondering the dif- CHICAGO bonds issued by cash or European gov- ficulties that investors may face be- The SPEAKER pro tempore. The ernments. So investors don’t want to cause of efforts to prop up central invest, and Germany does not want to Chair recognizes the gentleman from banks in Europe, people are hurting Illinois (Mr. DAVIS) for 5 minutes. invest.’’ out here. People, including wives or So what happened? ‘‘The world’s Mr. DAVIS of Illinois. On Monday, husbands of unemployed spouses, are most powerful central banks, including November 28, 2011, the City of Chicago suffering. They’re suffering as we close the United States,’’ our Fed, ‘‘are step- laid to rest the wife of Chicago’s long- in on the holiday season when they see est serving mayor, Mayor Richard M. ping in and using unlimited ability to so many out doing for their families print money and to lend it across na- Daley. and they themselves, having been un- While Maggie Daley was known as tional borders to try to arrest that employed, most of whom have been un- dangerous cycle. The central banks are the mayor’s wife, she was, indeed, a employed for at least 6 months, many well-known, well-liked and revered per- using what are called ‘swap lines’ to for 2 years, they’re looking and they’re exchange their respective .’’ sonality in her own right. Maggie feeling this holiday spirit but in a bad Daley played the role of matriarch. She And then it goes on in the article and way. They’re regretful of the fact that says: ‘‘The swap lines pose little risk to was warm, graceful, elegant, eloquent, they’re not able to fully participate in and easy to like. She was a patron of the U.S. taxpayers. Fed officials have this part of the American Dream doing the arts and was fully steeped in the said, because’’—it says little risk, they for others, buying Christmas gifts. cultural affairs of our city. didn’t say no risk, little risk—‘‘the In fact, people are worried about swap lines pose little risk to the U.S. whether or not their unemployment in- While Mrs. Daley has received acco- taxpayers’’ Federal officials have said surance will be there for them after the lades for many of her activities, the because ‘‘the Fed is doing business beginning of the year. They realize one which strikes me the most is her with foreign central banks viewed as that they’re closing in on the cut-off involvement in a program called After trustworthy. Those foreign central date for expiration of the long-term un- School Matters. I think that anyone banks, in turn, take the risk of loss if employment benefits. And they’re wor- who knows anything about education the banks they’re lending to go under.’’ ried about that, not about investors and youth development knows that, But it goes right up the line. If they and how they might fare in terms of yes, after school does, indeed, matter. can’t make it, then they go back to the European countries not being fiscally When discussing this program, you original lender, which would be the solvent, allegedly. could see Maggie Daley’s eyes light up, United States Fed. So, Mr. Speaker, every day it seems and you could feel her passion. She Why are the Germans so reluctant to like I read another report from econo- seemed to know everything there was invest? Because they’ve been through mists telling us how important it is to to know about the program. She knew . They know what it’s extend unemployment benefits to help program sites, personnel, special fea- like to have the EU Central Bank our fragile economy recover. And tures and activities, benefits and suc- printing money because they remember there’s no doubt about helping millions cesses. After a session of listening to under the Weimar Republic after World of unemployed Americans during the Mrs. Daley explain and advocate for War I people took baskets of money to worst downturn since the Great De- this program, I would often smile and go buy a loaf of bread. And why are the pression, which was caused by the very say to myself, How could anyone not be investors reluctant? Because they investment bankers that have been dis- in support of this great program? don’t want to lose their money. cussed today that might be hurt be- So I say thanks to a great lady—a They’re afraid that they’ll lose their cause of European shenanigans. It’s lady of grace, a lady of dignity, a lady investors’ money and they might go mind-boggling. of passion, a lady of faith, and a lady of out of business. They are the ones that actually action. So what happens? The United States kicked this cesspool that we’re in off. My family and I and residents of the comes to the rescue by bailing out the And then they got bailed out, but Seventh Congressional District of Illi- central banks in Europe by saying that they’re not willing to allow the very nois express condolences to Mayor we’re going to have a swap line with Tea Party, Grover Norquist Republican Richard M. Daley and to all of Maggie you and our currency will guarantee parties who they control, they’re not Daley’s family. She was a great first your currency, and we’ll charge you al- willing to let them extend unemploy- lady of our city and performed her role most no interest to do that. This is an ment insurance benefits for the long- to perfection. After school does matter. exercise in futility. That is not the an- term unemployed unless there’s a pen- It mattered to Mrs. Maggie Daley, and swer. alty involved. it matters to all of America.

VerDate Mar 15 2010 00:33 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.013 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8011 EXTENDING UNEMPLOYMENT problem. As Members of Congress, we Pursuant to clause 1, rule I, the Jour- INSURANCE must move quickly to adopt a com- nal stands approved. The SPEAKER pro tempore. The prehensive jobs plan that will aid busi- f nesses and communities in developing Chair recognizes the gentlewoman from PLEDGE OF ALLEGIANCE Alabama (Ms. SEWELL) for 5 minutes. and growing. We must draft legislation Ms. SEWELL. Mr. Speaker, today I that will promote an entrepreneurial The SPEAKER. Will the gentleman rise in support of workers, families, climate and support American busi- from (Mr. PASCRELL) come and middle class Americans across the nesses globally. Now is the time that forward and lead the House in the Seventh Congressional District of Ala- we must act. The American people Pledge of Allegiance. bama and across this entire Nation want a comprehensive jobs plan. Until Mr. PASCRELL led the Pledge of Al- who have lost their jobs as a result of then, we have to extend unemployment legiance as follows: the deepest economic recession since benefits to help those millions of I pledge allegiance to the Flag of the the Great Depression. Americans who are desperately looking United States of America, and to the Repub- In my district of the Seventh Con- for work and can’t find it. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. gressional District of Alabama and I urge my colleagues to put partisan- across this Nation, the number one ship aside. Party politics has no place f issue is job creation. While some when we’re talking about the better- WELCOMING REVEREND DR. progress has been made in turning our ment and advancement of our Nation. CATHY C. JONES economy around, there is still so much Unemployed Americans, struggling The SPEAKER pro tempore. Without work to be done in order to encourage families and communities across this objection, the gentleman from North job creation. Recent reports indicate Nation cannot wait. We must act now. Carolina (Mr. WATT) is recognized for 1 that the Nation’s private employers f minute. created approximately 200,000 new jobs There was no objection. during November. While this number RECESS Mr. WATT. Mr. Speaker, I’m pleased shows that our economy is slowly re- The SPEAKER pro tempore. Pursu- to welcome Reverend Dr. Cathy C. covering and growing, we cannot forget ant to clause 12(a) of rule I, the Chair Jones as the guest chaplain today for about the millions of Americans who declares the House in recess until noon the United States House of Representa- have been diligently searching for work today. tives. Since July, 2009, Dr. Jones has but who have not been successful in Accordingly (at 11 o’clock and 28 served as pastor of Parkwood Institu- doing so. minutes a.m.), the House stood in re- tional CME Church, which is located in Congress must extend unemployment cess until noon. my congressional district in Charlotte, benefits for the hardworking Ameri- f North Carolina. cans who have lost their jobs due to no Reverend Dr. Jones is a native of fault of their own—rather, due to the b 1200 Chatham County, North Carolina. She economic downturn. These workers AFTER RECESS received her associates, bachelor’s, and should also be given the necessary as- master’s degrees from Justice Fellow- The recess having expired, the House sistance to provide for their families ship International Bible College in Ra- was called to order by the Speaker at during this difficult time. Nearly one- leigh, North Carolina. In May of 2010, noon. third of America’s 14 million unem- she received her doctorate in Biblical ployed have had no jobs for a year or f Studies from Justice Fellowship Bible more. In fact, long-term unemploy- PRAYER College in Jacksonville, North Caro- ment data suggests that about 2 mil- lina. lion people have used up the 99 weeks Reverend Dr. Cathy C. Jones, Dr. Jones has been a pastor and of unemployment benefits, but they Parkwood Institutional CME Church, served on different committees at the still cannot find work. Charlotte, North Carolina, offered the local and district levels during her Congress has never allowed emer- following prayer: time with the CME Church. She’s mar- gency unemployment programs to ex- Almighty God our Father, because of ried to Theodore Jones and has been pire when the unemployment rate has who You are and the glory that is re- blessed with 7 children, 19 grand- exceeded 7.2 percent. With our Nation’s vealed in Your only begotten Son, children, and 3 great grandchildren. unemployment rate hovering around 9 Jesus Christ, we praise Your Holy On behalf of my constituents in the percent, now is not the time to allow Name. 12th Congressional District and my col- these essential benefits to expire. Lord, Your Word declares ‘‘if any leagues here in the House, I thank her In my home State of Alabama, unem- man lack wisdom, let him ask of God for her service to her community and ployment and poverty rates have both that giveth to all men liberally and for her prayer this morning. upbraideth not; and it shall be given increased dramatically in the wake of f the most recent recession. In parts of him.’’ the district that I represent, unemploy- We ask for Your unmerited favor COMMUNICATION FROM THE ment rates are as high as 19 percent. upon the lives of every elected Member CLERK OF THE HOUSE These persistently high unemployment of the House of Representatives to pro- The SPEAKER pro tempore (Mr. numbers demonstrate the need for Fed- vide the wisdom, knowledge, under- WESTMORELAND) laid before the House eral unemployment assistance, and it standing, and courage that will allow the following communication from the remains a critical lifeline to many of their hearts to be filled with the prin- Clerk of the House of Representatives: the constituents I represent. ciples of justice, loyalty, compassion, OFFICE OF THE CLERK, The Census Bureau states that unem- humility, and love so that we can con- HOUSE OF REPRESENTATIVES, ployment benefits kept nearly 3.2 mil- tinue to be united as one Nation under Washington, DC, December 1, 2011. lion Americans, including 900,000 chil- God. Hon. JOHN A. BOEHNER, dren, from slipping into poverty last In the name of Him who is able to The Speaker, U.S. Capitol, House of Representa- keep us from falling and present us tives, Washington, DC. year. Without action, more than 2 mil- DEAR MR. SPEAKER: Pursuant to the per- lion Americans will be cut off from un- faultless before the presence of His mission granted in Clause 2(h) of Rule II of employment insurance by mid-Feb- glory with exceeding joy. the Rules of the U.S. House of Representa- ruary of next year. The potential ef- Amen. tives, the Clerk received the following mes- fects of this lapse in benefits would f sage from the Secretary of the Senate on De- devastate millions of Americans and cember 1, 2011 at 9:51 a.m.: millions of households across this Na- THE JOURNAL That the Senate agreed to House amend- ment to Senate amendment H.R. 394. tion. The SPEAKER. The Chair has exam- Appointments: We all understand that extending ined the Journal of the last day’s pro- National Commission for Review of Re- these unemployment insurance bene- ceedings and announces to the House search and Development Programs of the fits is a temporary fix to a much larger his approval thereof. United States Intelligence Community.

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.014 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8012 CONGRESSIONAL RECORD — HOUSE December 1, 2011 With best wishes, I am saving American families an average of children under the age of 18, IBD re- Sincerely, $1,000 a year. Failing to extend the pay- mains the most prominent factor in KAREN L. HAAS. roll tax holiday will raise taxes on mil- morbidity caused by digestive illness. f lions of Americans, taking over $120 Again, thank you to my caucus co- ANNOUNCEMENT BY THE SPEAKER billion out of the pockets of consumers chair for working with me on this im- PRO TEMPORE and out of the economy. In addition, portant resolution, my colleagues who failing to extend the unemployment in- have joined as cosponsors, as well as The SPEAKER pro tempore. The surance to those who have lost their the Crohn’s and colitis patients and Chair will entertain up to 15 further re- jobs will take an additional $30 billion their families, medical providers, and quests for 1-minute speeches on each out of the economy and rob over a mil- researchers for their advocacy. side of the aisle. lion unemployed Americans of much- I urge my colleagues to cosponsor f needed income and assistance. this resolution and join the bipartisan Congressional Crohn’s and Colitis Cau- CARTEL INTRUSION INTO Now is not the time to end these im- cus, which advocates for enhanced pa- AMERICA portant tax cuts, and it is certainly not the time to pull the plug on the unem- tient care, treatment, and finding a (Mr. POE of Texas asked and was ployed in our economy. I encourage my cure for these debilitating diseases given permission to address the House colleagues to pass both of these provi- that impact both patients and their for 1 minute.) sions as swiftly as possible. families. Mr. POE of Texas. Mr. Speaker, ac- f cording to The Washington Times, last f OBAMA NEEDS TO FOCUS ON JOB December, five Mexican nationals b 1210 armed with at least two AK–47 rifles CREATION were infiltrating the rugged desert— CROHN’S AND COLITIS (Mr. WILSON of South Carolina the American desert, that is. That’s AWARENESS WEEK asked and was given permission to ad- right, Mr. Speaker. Cartel soldiers were (Mr. CRENSHAW asked and was dress the House for 1 minute and to re- reportedly on our side of the border in given permission to address the House vise and extend his remarks.) Arizona ‘‘patrolling in single-file for- for 1 minute.) Mr. WILSON of South Carolina. Mr. mation’’ with the goal of ‘‘inten- Mr. CRENSHAW. Mr. Speaker, today Speaker, for the past 21⁄2 years, our Na- tionally and forcibly assaulting’’ Bor- is the first day of Crohn’s and Colitis tion’s unemployment rate has risen der Patrol agents. Awareness Week. Crohn’s disease and over 8 percent. The President contin- They spotted and opened fire on four ulcerative colitis are diseases that col- ually develops policies that discourage U.S. Border Patrol agents. Agent Brian lectively are known as inflammatory and prohibit small businesses from cre- Terry was murdered. Two cartel as- bowel disease. They are painful; they ating jobs. sault weapons found at the seen were are incurable; they attack the diges- Just last month, the administration connected to Operation Fast and Furi- tive system; and they affect about one announced the delay of the Keystone ous. Mr. Speaker, you recall that’s the out of every 200 people in our country. XL pipeline, a project estimated to cre- operation where our government facili- A few weeks ago, Congressman JACK- ate over 300,000 jobs without costing tated smuggling weapons to Mexican SON and I formed the Crohn’s and Coli- taxpayers a dime. I was fortunate drug cartels—the enemies of Mexico tis Caucus to raise awareness in the enough to visit Alberta, Canada in Oc- and the United States. Congress and to fight for additional tober and witnessed firsthand the Ca- Military-type intrusions by the car- Federal support, and Crohn’s and Coli- nadian oil sands and the positive im- tels will only increase. We need to de- tis Awareness Week is part of that ef- pact that exploration has for new fend our sovereignty and protect our fort. Today we will file a House Resolu- American jobs. At the end of this legislative week, Border Patrol and first responders. It’s tion which will support this awareness House Republicans will have passed 25 time to send military equipment com- week. And hopefully, as we work with job-creation bills. Sadly, they are ing back from Iraq to secure the south- the Crohn’s and Colitis Foundation of stalled in the Senate. With a growing ern border from the cartel soldiers. America, all Americans will use this debt of over $15 trillion, it is absolutely This veteran equipment includes week, this time to join in this fight to necessary for Congress and the Presi- Humvees, night-vision equipment, and raise awareness to increase research dent to work together to promote job more UAVs. Incidents like this will and to find a cure for this debilitating creation and ways to remove barriers only continue to occur until Wash- disease. to allow for small businesses to create ington elites realize what happens in f jobs. Mexico doesn’t stay in Mexico. In conclusion, God bless our troops, And that’s just the way it is. CROHN’S AND COLITIS AWARENESS WEEK and we will never forget September the f 11th in the global war on terrorism. (Mr. JACKSON of Illinois asked and PAYROLL TAX CUT AND UNEM- was given permission to address the f PLOYMENT BENEFITS EXTEN- House for 1 minute.) RECOGNIZING POP WARNER SION Mr. JACKSON of Illinois. Mr. Speak- LITTLE SCHOLARS (Mr. SIRES asked and was given per- er, I rise in support of a resolution my (Mr. MCINTYRE asked and was given mission to address the House for 1 friend Congressman CRENSHAW and I in- permission to address the House for 1 minute.) troduced today supporting the goals minute and to revise and extend his re- Mr. SIRES. Mr. Speaker, with our and ideals of Crohn’s and Colitis marks.) economy struggling and unemployment Awareness Week, which begins today Mr. MCINTYRE. Mr. Speaker, I rise remaining unacceptably high, now is and runs through December 7, 2011. today to recognize the Pop Warner Lit- not the time to take more money out This resolution, which is identical to tle Scholars program, our Nation’s old- of the pockets of hardworking Ameri- the Senate version adopted earlier this est and largest youth football, cheer cans. month, declares congressional support and dance organization. The majority is opposing an exten- for Awareness Week, recognizes the pa- Currently, more than 400,000 children sion of the payroll tax holiday, enacted tients living with Crohn’s disease and participate in Pop Warner organiza- earlier this year, that gave virtually ulcerative colitis, and commends the tions that span 43 States, Scotland, all working Americans a much-needed dedication of health care professionals Germany, Russia, Japan, and Mexico. tax cut. The payroll tax holiday cut and biomedical researchers who care The NFL Players Association esti- the Social Security payroll taxes of for these patients. mates that Pop Warner has been the over 160 million workers. Economic un- Crohn’s disease and ulcerative colitis career starting point for 70 percent of certainty both here in the U.S. and are chronic disorders of the gastro- its current athletes. abroad makes this a dangerous time to intestinal tract. Affecting an estimated It has a long history of promoting eliminate an important tax cut that is 1.4 million Americans, including 140,000 structured athletics and instilling the

VerDate Mar 15 2010 00:33 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.008 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8013 qualities of sportsmanship, hard work, lines Flight 3407, which crashed into a stan, you would think the Defense De- and leadership in young athletes. It’s house in my district, killing 50 inno- partment would have a good system to the only national youth sports organi- cent victims nearly 3 years ago. The catch the injuries. They do not. zation to require academic proficiency, legislation passed by this body in re- Despite our vote, a bipartisan vote in and it annually awards more than sponse to this crash mandated new 2008 to have pre- and postdeployment $110,000 in scholarships. It’s also a lead- pilot fatigue guidelines to be imple- screenings, postdeployment screenings er in making youth sports safe, includ- mented by August 1 of this year. That have not been required. Five hundred ing its work on concussion-related in- date came and went. Then we were told thousand soldiers with a juries and a medical advisory board to November 22. Then we were told No- predeployment cognitive test were remain proactive on player health and vember 30. Those days have come and given that test before they went to the safety. gone. battle. Coming out, only 3,000 tests This Saturday, December 3, Pop War- The families of these victims have were done postdeployment to actually ner will kick off its Super Bowl and worked tirelessly for a resolution to compare results. We have nothing to National Cheer and Dance Champion- make sure a tragedy like this never compare. This is a disgrace and a dis- ship at ESPN’s Wide World of Sports happens again. The millions of Ameri- service to our troops. complex in Orlando. This week-long cans who fly our skies every year are Both sides have agreed that we want will feature participation counting on us for regulations to en- something done. It has not been done from more than 12,000 athletes and will sure their safety. Let’s not let them in violation of the law. The Pascrell- be broadcasted on ESPN3. down. Platts-Andrews-Cole-Ortiz-Wilson-Coff- I want to extend our congratulations, f man amendment passed in the House Mr. Speaker, on behalf of the U.S. Con- Defense authorization bill to address TEXAS VALLEY COASTAL BEND gress, to this excellent, well-recog- this, but it was not included in the HEALTH CARE SYSTEM GOLD nized, and well-organized program for final bill. That’s what we’re trying to SEAL young people here in America on behalf do this year. of the Congressional Caucus on Youth (Mr. FARENTHOLD asked and was f Sports. given permission to address the House b 1220 f for 1 minute.) Mr. FARENTHOLD. In November, PASS THESE JOBS BILLS STOP EXCESSIVE REGULATION the VA outpatient clinic in Harlingen, NOW (Mr. DESJARLAIS asked and was Texas, earned the Joint Commission’s given permission to address the House (Mr. JOHNSON of Ohio asked and Gold Seal of Approval. This award rec- for 1 minute.) was given permission to address the ognizes facilities that comply with the Mr. DESJARLAIS. Mr. Speaker, my House for 1 minute and to revise and Joint Commission’s national standards constituents are rightfully fed up. extend his remarks.) for health care quality and safety in President Obama has managed to cre- Mr. JOHNSON of Ohio. Mr. Speaker, ambulatory care, behavioral health ate an economy where the only things one thing is certain: Excessive govern- care, and home care. that are growing are power in Wash- ment regulations are hurting Amer- There is no way we can adequately ington, debt for our children and ica’s economy and strangling job cre- express our thanks to those who serve grandchildren, a lack of confidence for ation. this country, but we must welcome job creators, and the number of unem- Just this year, new regulations cost them home and make sure they have ployed Americans. our economy almost $100 billion, and access to the benefits and services that When it comes to creating an envi- this is just the cost of new regulations they have earned. ronment to help the private sector cre- this year. The Small Business Adminis- Our servicemen and -women deserve ate jobs, the difference between House tration estimates that regulations cost quality health care. The Texas Valley Republicans and Senate Democrats is our economy approximately $1.75 tril- Coastal Bend Health Care System has the difference between action and inac- lion annually. This is unacceptable. earned this distinction because they tion. With over 14 million Americans out demonstrate a commitment to meeting This year, under the House Repub- of work, we can’t afford these excessive the health care needs of all south licans’ Plan for America’s Job Cre- government regulations. But instead of Texas veterans. ators, we have passed more than 25 pro- creating jobs, President Obama would My staff and I are passionate about growth job bills. These bipartisan bills rather create more regulations that helping veterans. South Texas is one of are aimed at restoring the freedom and kill jobs and burden small businesses. the most military and veteran-friendly confidence of job creators by breaking Now, House Republicans have done places in the country, and I will work down the barriers preventing them the exact opposite. As part of the hard to ensure that the servicemem- from growing and creating badly need- House Republican Plan for America’s bers and families receive the support ed jobs. Yet 21 of these bipartisan Job Creators, we’re fighting to reduce that they deserve. House-passed job bills are stuck in the the regulatory burdens to empower While south Texas is served by great Senate because Senate Majority Lead- small businesses to create jobs. We’ve outpatient facilities, we are in des- er continues to put poli- passed over 20 bills that will create perate need of a full-service VA hos- tics before jobs. much needed jobs right now. pital. I’m the cosponsor of two bills, It’s time for the Senate Democrat President Obama and Senate Demo- H.R. 1318 and H.R. 837, that direct the leadership to join our fight for America crats need to work for job creation, not VA to bring full-service, inpatient care and put them back to work. Pass these against it, because the people of east- facilities to south Texas. jobs bills. ern and southeastern Ohio and all f f Americans deserve better. POSTDEPLOYMENT COGNITIVE PASS THE EXTENSION OF f TESTING UNEMPLOYMENT BENEFITS DELAYED PILOT FATIGUE RULE (Mr. PASCRELL asked and was given (Ms. TSONGAS asked and was given (Ms. HOCHUL asked and was given permission to address the House for 1 permission to address the House for 1 permission to address the House for 1 minute.) minute.) minute.) Mr. PASCRELL. Mr. Speaker, as co- Ms. TSONGAS. Mr. Speaker, I have Ms. HOCHUL. Mr. Speaker, despite chair of the Congressional Brain Injury heard from many struggling families in what you might hear in this body, I be- Task Force, one of my top priorities is Massachusetts who simply don’t know lieve that there are some regulations to help our servicemembers with brain how they will make ends meet if Con- that we all can support. injuries. With posttraumatic stress dis- gress does not pass an extension of un- The National Traffic Safety Board order and traumatic brain injury rec- employment benefits before January 1. concluded that pilot fatigue contrib- ognized as the signature injuries of the From Lowell: I am a 58-year-old man uted to the crash of Continental Air- conflicts and wars in Iraq and Afghani- that has been unemployed for 2 years

VerDate Mar 15 2010 00:33 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.019 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8014 CONGRESSIONAL RECORD — HOUSE December 1, 2011 and 4 months. Finding a job these days degrees awarded to minority students. distinction on the Senate Agriculture is just about impossible. I am writing And additionally, it ranks number one Committee, where she accomplished so to you to beg you to please sign on to in California among colleges and uni- much for Delaware farmers. Recently, the bill. versities awarding bachelor’s degrees a legislator remarked that agriculture From Westford: I have been unem- to Hispanics. had no better friend in the Delaware ployed since January of 2010. I look for Dr. Gordon’s caring, articulate, and Senate than this lady, and I couldn’t a job every waking hour. Cutting un- collegial nature created a sense of agree more. employment to millions of needy fami- pride among the faculty, the staff and In 1991 Senator Cook helped create lies at this time makes no sense. students advocating for excellence in the Aglands Preservation Program, From Haverhill: If my unemployment all aspects of university life. which has preserved over 20 percent of ends, I will be unable to make my It has been an honor for me to work Delaware’s farm land. In 1999 she mortgage payments. Then my home with Dr. Gordon. He has been a mentor; helped establish Delaware’s landmark will go into foreclosure and my neigh- he has been a shining light in Orange Nutrient Management Program. The bors’ home values will be depreciated. County. And I congratulate him on all program is now a role model for the en- This is truly a ripple effect. Please his awards and distinctions, and I look tire region in the effort to manage ani- don’t be penny wise and pound foolish. forward to his next career. We hope to mal waste responsibly and protect pre- I urge my colleagues on both sides of reel him in to continue to work on our cious bays and waterways. the aisle to work to pass this des- community. Thank you, Dr. Gordon. I would like to thank the Delaware perately needed extension. f Farm Bureau for its decision to honor Senator Cook with the Distinguished f THE SILENT EPIDEMIC OF FOOD Service to Agriculture Award, and to HELP OUR ECONOMY GROW INSECURITY AND HUNGER join the bureau in celebrating an in- (Mr. YODER asked and was given (Mr. BUTTERFIELD asked and was credible leader for Delaware. permission to address the House for 1 given permission to address the House Congratulations to my good friend, minute and to revise and extend his re- for 1 minute.) Senator Cook. marks.) Mr. BUTTERFIELD. Mr. Speaker, I f Mr. YODER. Mr. Speaker, the Amer- want to bring attention to a silent epi- ican people are calling on government demic growing in our midst. Right STOP STALLING ON THE CON- to help the economy grow, but appar- alongside long-term unemployment, SUMER FINANCIAL PROTECTION ently Washington still hasn’t gotten the increases in poverty and food BUREAU the message. The onslaught of new gov- prices, homelessness and the steep de- (Mr. of North Carolina asked ernment burdens on the economy have cline in household incomes is now the and was given permission to address become unbearable; yet Federal regu- shocking rate of food insecurity and the House for 1 minute.) lators pile on more and more. So far hunger. Mr. PRICE of North Carolina. Mr. this week alone, the Federal Register According to the USDA, there are 46 Speaker, opponents of financial regu- has over 1,799 pages of new rules and million Americans surviving on food latory reform in the Senate continue regulations facing our Nation’s small stamps. While Congress considers re- to prevent the Consumer Financial business owners. ductions to food stamp funding, the Protection Bureau from fulfilling its Mr. Speaker, complex and burden- USDA predicts that the number of peo- legislative mandate. some regulations drive up the cost of ple requiring food assistance will sub- The CFPB has been open since July doing business and, therefore, drive up stantially increase. 21, but it’s taken 3 months for the Sen- unemployment. A great example is the Last week, in my district in North ate Banking Committee to advance EPA’s new Cross State Air Pollution Carolina, which ranks second in the President Obama’s nominee for the di- Rule. This rule, to be imposed by Janu- country for food insecurity, I greeted rector of the bureau, Richard Cordray, ary 1, will not only cause rolling thousands of people lined up outside of to the full Senate. Now, continuing brownouts in places like Kansas, but the Wilson OIC and the food bank of their strategy of partisan obstruc- will dramatically drive up the cost of the Albemarle food centers tionism, 44 Republican Senators have energy production, increasing the costs to collect bags of food for the Thanks- pledged to oppose any Presidential ap- of doing business and, therefore, put- giving holiday. pointee for the CFPB, until the bu- ting more people out of work. Mr. Speaker, to help remedy the reau’s mandate is weakened. Mr. Speaker, if both parties are seri- challenges to food security, I intro- Such naked obstructionism is a dis- ous about job creation in this country, duced H.R. 3437, the Eva Clayton Fel- service to American consumers and the then we must put a stop to the con- lows Program Act. This legislation American economy, which is in bad stant attacks on those who create jobs. would enable the development of solu- need of certainty after a year of artifi- f tions to world hunger and confront cial crises fomented by the Tea Party- food insecurity head on. HONORING THE SERVICE OF DR. dominated Republican Party. Food insecurity is not a partisan MILTON GORDON The American people are sick of a issue. I urge my colleagues to join me dysfunctional Congress. We need the (Ms. LORETTA SANCHEZ of Cali- in this fight. CFPB at full strength to move our fornia asked and was given permission f economy forward, protect borrowers to address the House for 1 minute and and consumers, and promote the inter- to revise and extend her remarks.) IN HONOR OF NANCY COOK’S ests of Main Street over Wall Street. Ms. LORETTA SANCHEZ of Cali- SERVICE TO DELAWARE I call on the Senate to confirm Rich- fornia. Mr. Speaker, today I rise to (Mr. CARNEY asked and was given ard Cordray as director of the Con- honor the president of California State permission to address the House for 1 sumer Financial Protection Bureau University at Fullerton, Dr. Milton minute.) now. Gordon, and to recognize his upcoming Mr. CARNEY. Mr. Speaker, I rise . today to recognize a remarkable f For over two decades, Dr. Gordon’s woman and to honor her decades of b 1230 outstanding commitment to higher service to the State of Delaware. education has let California State Uni- Former State Senator Nancy Cook has REPUBLICAN’S FEAR OF DR. versity at Fullerton become one of the been a leader in strengthening Dela- BERWICK largest and one of the most inclusive ware agriculture and our economy for (Mr. MCDERMOTT asked and was institutions in our Nation. Because of the past 40 years. given permission to address the House Dr. Gordon’s vision and commitment Senator Cook has been an irrepress- for 1 minute and to revise and extend for greater cultural diversity in higher ible leader since becoming Delaware’s his remarks.) education, the university currently first female Democratic senator in 1974. Mr. MCDERMOTT. Mr. Speaker, to- ranks ninth in the Nation in bachelor’s For 36 years, Senator Cook served with morrow’s a sad day. Don Berwick, Dr.

VerDate Mar 15 2010 01:37 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.021 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8015 Berwick, will step down as Adminis- Ms. PELOSI. Mr. Speaker, today ing which increased funding for the trator of Medicare. It’s a bad day for across the globe, people are marking Ryan White Care Initiative that sup- seniors. World AIDS Day. It’s an opportunity to ports care provided by HIV medical But the Senate Republicans are reflect upon the progress we’ve made in clinics across the country and also happy because they believe that get- the fight against HIV/AIDS, this pan- added funding for the drug program ini- ting rid of Don will end the implemen- demic, and to rededicate ourselves to tiative for people with HIV/AIDS, and tation of the Affordable Care Act. ending the disease once and for all. his commitment to a new target of When the Senate Republicans blocked World AIDS Day is an occasion to re- helping 6 million people around the a vote on Dr. Berwick, they made it member friends, family members, loved world get treatment by the end of 2013. possible only for a recess appointment ones, and millions of others lost to the It’s very important. for 18 months. Why do the Republicans disease. It is a solemn reminder of I commend Secretary Clinton for her fear Dr. Berwick so much? Hard to say. those still living with HIV/AIDS, strong leadership and her statement His career has been spent improving whether in the cities of the United about ridding AIDS, especially among the quality of health care. He believes States, or the villages of Africa, Asia, children, as soon as possible. that we can have good quality health or elsewhere. It is a reminder of the The challenges that we have faced care at low cost. They’re synonymous. need to continue the fight to keep in- over the years, some have disappeared. He put patients first, believing in evi- vesting in research and medical ad- When I first came to Congress, I was dence-based medicine, and collaborates vances, to stay focused on new treat- sworn in in a special election, and they with others in the . ments, care, prevention, and early told me you’re not allowed to speak. His sin was that he once said a nice intervention—a key element of quality You just raise your hand and say, ‘‘Yes, word about the British health care sys- of life; to expand housing opportunities I support and defend the Constitution.’’ tem, and therefore he has to go. to people with HIV/AIDS and end dis- But then the Speaker, Speaker Dr. Berwick’s a great public servant, crimination. Wright, said, ‘‘Would the gentlelady and the Republicans demonized him. Yet it’s also a reminder of how far from California wish to address the Republicans have cynically prevented we’ve traveled since the first World House?’’ I had been told not to address America’s seniors from having the ben- AIDS Day in 1988 and the first AIDS di- the House, and if I did, to be very, very efit of Dr. Berwick’s vision and experi- agnosis, which we acknowledged re- brief. So I stood up and acknowledged ence, and they ought to be ashamed of cently on the 30-year anniversary of my father, Thomas D’Alesandro, had themselves. the first AIDS diagnosis. served as a Member of Congress, so he We will do the Affordable Care Act in In my hometown of San Francisco, was on the floor of the Congress, and spite of the fact that Dr. Berwick is we learned early on of the terrible toll my family, and I thanked them all and gone. of HIV/AIDS, the toll it could take on my constituents. My one sentence was, f a community. ‘‘I came here to fight against HIV and MIDDLE CLASS PAYROLL TAX CUT But that knowledge, as sad as it was, AIDS.’’ And that was about it. (Ms. HAHN asked and was given per- drove us to action, advocacy, and Well, my colleagues who had told me mission to address the House for 1 progress. Because we had suffered so to be brief then said, ‘‘Why would you minute.) much, we could also become a model even mention that?’’ This was 24 years Ms. HAHN. Mr. Speaker, yesterday I for the country and indeed the world ago. ‘‘Why would you even mention came down here on the floor, and I with our community-based solutions in that? The first thing that you want to asked my colleagues on both sides of regard to prevention, to care, and to say to the Members of Congress when the aisle to work with us to move for- research for a cure or vaccine. you get here is you’re here to fight ward on a new middle class payroll tax This is something I’m very proud of, HIV/AIDS? Why did you say such a cut, a tax cut that would put more and really it found its way into legisla- thing?’’ money in families’ pockets, creating tion: the Ryan White Care Act; housing I said, ‘‘Well, I said such a thing be- more demand for our businesses, and opportunities for people with HIV/ cause that’s why I came here.’’ resulting in more jobs. AIDS; increased funding for NIH re- But I never would have thought 24 But time and time again yesterday, search; expanded investments in pre- years ago that we would project—real- even this morning we heard my friends vention, care, treatment; and an end to ly into another generation now—that on the other side of the aisle say the the ban on Federal funds for syringe we would not have a cure for HIV/ only obstacle to creating more jobs is exchange. Something very important if AIDS. Never would have thought. regulations. you’re going to prevent AIDS. But in the meantime, we’ve reduced Unfortunately, the evidence does not Beyond our borders, we have ex- discrimination. We’ve expanded pre- support this. Last Saturday, November tended care to millions in the devel- vention, care, deepened our research, 26, was Small Business Saturday. I did oping world. Early on in our commu- actually mobilized support. Some, like my part by shopping all day in small nity, when we would have an AIDS mo- Bono on the outside, using his celeb- businesses, and I talked to my small bilization day, right almost from the rity to attract attention to the issue. businesses, and I asked them what did start—and Congresswoman WOOLSEY Public policy, whether it’s President they need from the Federal Govern- can attest to this—we understood if Bush, President Clinton. And now with ment to help them in their businesses. you’re going to meet the challenge of this global initiative, and President And they told me, ‘‘We need customers. HIV/AIDS at home, you have to have a Obama, we’re at a completely different That’s what will help our businesses. mobilization that is global because place than we were then when they We need customers who have a little AIDS knew no borders, but it had to be wouldn’t even have an AIDS ribbon in more money in their pockets this year global. significant places in Washington, D.C. to spend in our businesses.’’ So we would have these vigils of Today we all proudly wear that ribbon. It’s not rocket science. And you thousands of people walking in a great Again, it’s a day of reminder, but it’s know what? We don’t have much time solemn way to talk about ending AIDS also a day where we act upon those re- to wait. The longer we wait, the more globally almost right from the start, minders of the work that needs to be likely it is that taxes will go up Janu- although we were feeling it very per- done. And again, it’s a global chal- ary 1. Let’s work together to pass a sonally, very locally in our commu- lenge, but it is a very personal issue. new middle class payroll tax cut to put nity. Beyond our borders—that’s why The statistics are staggering, but we more money in the hands of Ameri- we extended care to millions in the de- think of them one person at a time. cans. veloping world. We increased resources And that is what we have to act upon. f for PEPFAR and the Global Fund. And This Congress has been great on the I commend President Bush for his lead- subject. I hope that we will continue to WORLD AIDS DAY ership on PEPFAR and the commit- honor our responsibility. (Ms. PELOSI asked and was given ment that he made there. Again, on AIDS Day in San Francisco permission to address the House for 1 I congratulate President Obama for today we are celebrating the 20th anni- minute.) the statement that he made this morn- versary of AIDS Memorial Grove.

VerDate Mar 15 2010 01:37 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.023 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8016 CONGRESSIONAL RECORD — HOUSE December 1, 2011 b 1240 recognize that, of the 15 million people (b) TERMINATION OF FUND AND ACCOUNT.— medically recommended for antiret- (1) TERMINATION OF PRESIDENTIAL ELECTION This is something that this Congress CAMPAIGN FUND.— designated as a national memorial. roviral medication worldwide, only half of them have access to drug treat- (A) IN GENERAL.—Chapter 95 of subtitle H This is of great significance to our of such Code is amended by adding at the end community, for sure—I think very ap- ment. the following new section: In the United States, nearly one in propriately so—and also for the issue of ‘‘SEC. 9014. TERMINATION. AIDS. So, when you go West, you have five people with HIV, or 240,000 people, ‘‘The provisions of this chapter shall not to go to the AIDS memorial and see it don’t even know that they are infected. apply with respect to any presidential elec- as a spirit of renewal—a garden, a Communities of color and young gay tion (or any presidential nominating conven- grove—always with that fresh, new and bisexual men face the most severe tion) after the date of the enactment of this burden of HIV in the United States— section, or to any candidate in such an elec- growth. We have it as a remembrance, tion.’’. too, of those who have been lost and as Magic Johnson, on one hand, and my dying friend on another hand being at (B) TRANSFER OF EXCESS FUNDS TO GENERAL a comfort to their families. FUND.—Section 9006 of such Code is amended With that, again, Mr. Speaker, I join the bedside of a person dying with by adding at the end the following new sub- others in calling to our colleagues’ at- AIDS, who, one, lived with the stigma section: tention and to those who follow Con- and didn’t have a way out. ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER gress the importance of fighting HIV/ Today, I will join others and be test- TERMINATION.—The Secretary shall transfer AIDS as well as its importance to peo- ed for the HIV virus, and I encourage all amounts in the fund after the date of the others to do so. enactment of this section to the general fund ple, to communities, to our country, of the Treasury, to be used only for reducing and to the world for our good health, I congratulate my constituents, the Harris County Hospital District and the deficit.’’. for our economy, for the success of in- (2) TERMINATION OF ACCOUNT.—Chapter 96 of dividuals. the Thomas Street Clinic, for their subtitle H of such Code is amended by adding 12th annual World AIDS Day. at the end the following new section: f Thank you, Mr. President, for recog- ‘‘SEC. 9043. TERMINATION. OUR MAGGIE nizing that 6 million more people need ‘‘The provisions of this chapter shall not to have access to AIDS prevention (Mr. QUIGLEY asked and was given apply to any candidate with respect to any drugs. presidential election after the date of the en- permission to address the House for 1 To those who have lost their lives, actment of this section.’’. minute.) may I say to you on this day that your (c) CLERICAL AMENDMENTS.— Mr. QUIGLEY. Mr. Speaker, Maya life that was lost should not be in vain. (1) The table of sections for chapter 95 of Angelou wrote: ‘‘If you find it in your We still look for a cure, and we work subtitle H of such Code is amended by adding heart to care for somebody else, you at the end the following new item: for a better Nation and an opportunity will have succeeded.’’ ‘‘Sec. 9014. Termination.’’. to provide resources to those around On Thanksgiving night, Chicago lost the world and in the United States who (2) The table of sections for chapter 96 of a matriarch who, by Ms. Angelou’s subtitle H of such Code is amended by adding still suffer. It is our challenge. We ac- measure, was a magnificent success. at the end the following new item: cept that challenge, and I believe We, sadly, lost Margaret Corbett ‘‘Sec. 9043. Termination.’’. someday we will be victorious. Daley, or as she was better known, To those who commemorate this day TITLE II—TERMINATION OF ELECTION ‘‘our Maggie.’’ ASSISTANCE COMMISSION because they mourn, I commemorate it Maggie Daley embodied the heart of with you in your mourning. For those SEC. 201. TERMINATION OF ELECTION ASSIST- our city and grace under fire even when ANCE COMMISSION. who celebrate life, I, likewise, cele- her own health was failing. Her con- (a) TERMINATION.—The Help America Vote brate life. tribution to the arts and our children, Act of 2002 (42 U.S.C. 15301 et seq.) is amend- most notably through the After School f ed by adding at the end the following new title: Matters program, changed countless TERMINATING PRESIDENTIAL lives; and it will continue to do so for ELECTION CAMPAIGN FUND AND ‘‘TITLE X—TERMINATION OF COMMISSION generations. ELECTION ASSISTANCE COMMIS- ‘‘Subtitle A—Termination When Maggie was laid to rest this SION ‘‘SEC. 1001. TERMINATION. ‘‘Effective on the Commission termination week, it wasn’t just dignitaries who Mr. HARPER. Mr. Speaker, pursuant came to pay respects. Thousands of date, the Commission (including the Elec- to House Resolution 477, I call up the tion Assistance Commission Standards regular Chicagoans lined up for blocks bill (H.R. 3463) to reduce Federal spend- Board and the Election Assistance Commis- in the rain to say goodbye. That’s be- ing and the deficit by terminating tax- sion Board of Advisors under part 2 of sub- cause Maggie transcended politics and payer financing of presidential election title A of title II) is terminated and may not reminded us that nothing is more im- campaigns and party conventions and carry out any programs or activities. portant than family and each other. by terminating the Election Assistance ‘‘SEC. 1002. TRANSFER OF OPERATIONS TO OF- FICE OF MANAGEMENT AND BUDGET She is, of course, survived by her best Commission, and ask for its immediate friend and husband, former Mayor DURING TRANSITION. consideration in the House. ‘‘(a) IN GENERAL.—The Director of the Of- Richard M. Daley, as well as by her The Clerk read the title of the bill. fice of Management and Budget shall, effec- loving children, grandchildren, and The SPEAKER pro tempore. Pursu- tive upon the Commission termination friends. ant to House Resolution 477, the bill is date— May she rest in peace and never be considered read. ‘‘(1) perform the functions of the Commis- forgotten. The text of the bill is as follows: sion with respect to contracts and agree- ments described in subsection 1003(a) until f H.R. 3463 the expiration of such contracts and agree- WORLD AIDS DAY Be it enacted by the Senate and House of Rep- ments, but shall not renew any such contract resentatives of the United States of America in or agreement; and (Ms. JACKSON LEE of Texas asked Congress assembled, ‘‘(2) shall take the necessary steps to wind and was given permission to address TITLE I—TERMINATION OF TAXPAYER FI- up the affairs of the Commission. the House for 1 minute.) NANCING OF PRESIDENTIAL ELECTION ‘‘(b) EXCEPTION FOR FUNCTIONS TRANS- Ms. JACKSON LEE of Texas. I rise CAMPAIGNS FERRED TO OTHER AGENCIES.—Subsection (a) today in commemoration, Mr. Speaker, SECTION 101. TERMINATION OF TAXPAYER FI- does not apply with respect to any functions of World AIDS Day; and I thank our NANCING OF PRESIDENTIAL ELEC- of the Commission that are transferred minority leader for her eloquent re- TION CAMPAIGNS. under subtitle B. counting of how far we have come. (a) TERMINATION OF DESIGNATION OF INCOME ‘‘SEC. 1003. SAVINGS PROVISIONS. In our best days, we can look to my TAX PAYMENTS.—Section 6096 of the Internal ‘‘(a) PRIOR CONTRACTS.—The termination Revenue Code of 1986 is amended by adding of the Commission under this subtitle shall dear friend Magic Johnson, who has at the end the following new subsection: not affect any contract that has been en- been a living example of the improve- ‘‘(d) TERMINATION.—This section shall not tered into by the Commission before the ments and the courage of those who are apply to taxable years beginning after De- Commission termination date. All such con- living with the HIV infection; but we cember 31, 2010.’’. tracts shall continue in effect until modified,

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.025 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8017 superseded, terminated, set aside, or revoked with respect to any proceeding, order, or ac- ‘‘Subtitle B—Transfer of Certain Authorities in accordance with law by an authorized tion— ‘‘Sec. 1011. Transfer of election administra- Federal official, a court of competent juris- ‘‘(1) the Director of the Office of Manage- tion functions to Federal Elec- diction, or operation of law. ment and Budget, to the extent that the pro- tion Commission. ‘‘(b) OBLIGATIONS OF RECIPIENTS OF PAY- ceeding, order, or action relates to functions ‘‘Sec. 1012. Effective date.’’. MENTS.— performed by the Director of the Office of SEC. 202. REPLACEMENT OF STANDARDS BOARD ‘‘(1) IN GENERAL.—The termination of the Management and Budget under section 1002; AND BOARD OF ADVISORS WITH Commission under this subtitle shall not af- or GUIDELINES REVIEW BOARD. fect the authority of any recipient of a pay- ‘‘(2) the Federal Election Commission, to (a) REPLACEMENT.—Part 2 of subtitle A of ment made by the Commission under this the extent that the proceeding, order, or ac- title II of the Help America Vote Act of 2002 Act prior to the Commission termination tion relates to a function transferred under (42 U.S.C. 15341 et seq.) is amended to read as date to use any portion of the payment that subtitle B. follows: remains unobligated as of the Commission ‘‘SEC. 1004. COMMISSION TERMINATION DATE. ‘‘PART 2—GUIDELINES REVIEW BOARD termination date, and the terms and condi- ‘‘The ‘Commission termination date’ is the ‘‘SEC. 211. ESTABLISHMENT. tions that applied to the use of the payment first date following the expiration of the 60- ‘‘There is established the Guidelines Re- at the time the payment was made shall con- day period that begins on the date of the en- view Board (hereafter in this part referred to tinue to apply. actment of this subtitle. as the ‘Board’). ‘‘(2) SPECIAL RULE FOR STATES RECEIVING ‘‘SEC. 212. DUTIES. REQUIREMENTS PAYMENTS.—In the case of a ‘‘Subtitle B—Transfer of Certain Authorities ‘‘The Board shall, in accordance with the requirements payment made to a State ‘‘SEC. 1011. TRANSFER OF ELECTION ADMINIS- procedures described in part 3, review the under part 1 of subtitle D of title II, the TRATION FUNCTIONS TO FEDERAL voluntary voting system guidelines under terms and conditions applicable to the use of ELECTION COMMISSION. such part. the payment for purposes of the State’s obli- ‘‘There are transferred to the Federal Elec- ‘‘SEC. 213. MEMBERSHIP. gations under this subsection (as well as any tion Commission (hereafter in this section ‘‘(a) IN GENERAL.—The Board shall be com- obligations in effect prior to the termination referred to as the ‘FEC’) the following func- posed of 82 members appointed as follows: of the Commission under this subtitle), and tions of the Commission: ‘‘(1) One State or local election official for purposes of any applicable requirements ‘‘(1) The adoption of voluntary voting sys- from each State, to be selected by the chief imposed by regulations promulgated by the tem guidelines, in accordance with part 3 of State election official of the State, who shall Director of the Office of Management and subtitle A of title II. take into account the needs of both State Budget, shall be the general terms and condi- ‘‘(2) The testing, certification, decertifica- and local election officials in making the se- tions applicable under Federal law, rules, tion, and recertification of voting system lection. and regulations to payments made by the hardware and software by accredited labora- ‘‘(2) 2 members appointed by the National Federal government to a State, except that tories, in accordance with subtitle B of title Conference of State Legislatures. to the extent that such general terms and II. ‘‘(3) 2 members appointed by the National conditions are inconsistent with the terms ‘‘(3) The maintenance of a clearinghouse of Association of Secretaries of State. and conditions that are specified under part information on the experiences of State and ‘‘(4) 2 members appointed by the National 1 of subtitle D of title II or section 902, the local governments in implementing vol- Association of State Election Directors. terms and conditions specified under such untary voting system guidelines and in oper- ‘‘(5) 2 members appointed by the National part and such section shall apply. ating voting systems in general. Association of County Recorders, Election ‘‘(c) PENDING PROCEEDINGS.— ‘‘(4) The development of a standardized for- Administrators, and Clerks. ‘‘(1) NO EFFECT ON PENDING PROCEEDINGS.— mat for reports submitted by States under ‘‘(6) 2 members appointed by the Election The termination of the Commission under section 102(c) of the Uniformed and Overseas Center. this subtitle shall not affect any proceeding Citizens Absentee Voting Act, and the mak- ‘‘(7) 2 members appointed by the Inter- to which the Commission is a party that is ing of such format available to States and national Association of County Recorders, pending on such date, including any suit to units of local government submitting such Election Officials, and Treasurers. which the Commission is a party that is reports, in accordance with section 703(b). ‘‘(8) 2 members appointed by the United commenced prior to such date, and the appli- ‘‘(5) Any functions transferred to the Com- States Commission on Civil Rights. cable official shall be substituted or added as mission under section 801 (relating to func- ‘‘(9) 2 members appointed by the Architec- a party to the proceeding. tions of the former Office of Election Admin- tural and Transportation Barrier Compliance ‘‘(2) TREATMENT OF ORDERS.—In the case of istration of the FEC). Board under section 502 of the Rehabilitation a proceeding described in paragraph (1), an ‘‘(6) Any functions transferred to the Com- Act of 1973 (29 U.S.C. 792). order may be issued, an appeal may be mission under section 802 (relating to func- ‘‘(10) The chief of the Voting Section of the taken, judgments may be rendered, and pay- tions described in section 9(a) of the Na- Civil Rights Division of the Department of ments may be made as if the Commission tional Voter Registration Act of 1993). Justice or the chief’s designee. had not been terminated. Any such order ‘‘(7) Any functions of the Commission ‘‘(11) The director of the Federal Voting shall continue in effect until modified, ter- under section 1604(a) of the National Defense Assistance Program of the Department of minated, superseded, or revoked by an au- Authorization Act for Fiscal Year 2002 (Pub- Defense. thorized Federal official, a court of com- lic Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff ‘‘(12) The Director of the National Insti- petent jurisdiction, or operation of law. note) (relating to establishing guidelines and tute of Standards and Technology or the Di- ‘‘(3) CONSTRUCTION RELATING TO DIS- providing technical assistance with respect rector’s designee. CONTINUANCE OR MODIFICATION.—Nothing in to electronic voting demonstration projects ‘‘(13) 4 members representing professionals this subsection shall be deemed to prohibit of the Secretary of Defense). in the field of science and technology, of the discontinuance or modification of any ‘‘(8) Any functions of the Commission whom— proceeding described in paragraph (1) under under section 589(e)(1) of the Military and ‘‘(A) one each shall be appointed by the the same terms and conditions and to the Overseas Voter Empowerment Act (42 U.S.C. Speaker and the minority leader of the same extent that such proceeding could have 1973ff–7(e)(1)) (relating to providing technical House of Representatives; and been discontinued or modified if the Com- assistance with respect to technology pilot ‘‘(B) one each shall be appointed by the mission had not been terminated. programs for the benefit of absent uniformed majority leader and the minority leader of ‘‘(4) REGULATIONS FOR TRANSFER OF PRO- services voters and overseas voters). the Senate. CEEDINGS .—The Director of the Office of ‘‘SEC. 1012. EFFECTIVE DATE. ‘‘(14) 4 members representing voter inter- Management and Budget may issue regula- ‘‘The transfers under this subtitle shall ests, of whom— tions providing for the orderly transfer of ‘‘(A) one each shall be appointed by the proceedings described in paragraph (1). take effect on the Commission termination date described in section 1004.’’. chair and ranking minority member of the ‘‘(d) JUDICIAL REVIEW.—Orders and actions Committee on House Administration of the (b) CLERICAL AMENDMENT.—The table of of the applicable official in the exercise of House of Representatives; and contents of such Act is amended by adding at functions of the Commission shall be subject ‘‘(B) one each shall be appointed by the the end the following: to judicial review to the same extent and in chair and ranking minority member of the the same manner as if such orders and ac- ‘‘TITLE X—TERMINATION OF Committee on Rules and Administration of tions had been issued or taken by the Com- COMMISSION the Senate. mission. Any requirements relating to no- ‘‘Subtitle A—Termination ‘‘(b) MANNER OF APPOINTMENTS.— tice, hearings, action upon the record, or ad- ‘‘(1) IN GENERAL.—Appointments shall be ministrative review that apply to any func- ‘‘Sec. 1001. Termination. made to the Board under subsection (a) in a tion of the Commission shall apply to the ex- ‘‘Sec. 1002. Transfer of operations to Office manner which ensures that the Board will be ercise of such function by the applicable offi- of Management and Budget dur- bipartisan in nature and will reflect the var- cial. ing transition. ious geographic regions of the United States. ‘‘(e) APPLICABLE OFFICIAL DEFINED.—In ‘‘Sec. 1003. Savings provisions. ‘‘(2) SPECIAL RULE FOR CERTAIN APPOINT- this section, the ‘applicable official’ means, ‘‘Sec. 1004. Commission termination date. MENTS.—The 2 individuals who are appointed

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as members of the Board under each of the port services that are necessary to enable (c) CLERICAL AMENDMENT.—The table of paragraphs (2) through (9) of subsection (a) the Board to carry out its duties under this contents of such Act is amended by amend- may not be members of the same political title. ing the item relating to part 2 of subtitle A party. ‘‘(e) NO COMPENSATION FOR SERVICE.—Mem- of title II to read as follows: bers of the Board shall not receive any com- ‘‘(c) TERM OF SERVICE; VACANCY.—Members ‘‘PART 2—GUIDELINES REVIEW BOARD of the Board shall serve for a term of 2 years, pensation for their service, but shall be paid and may be reappointed. Any vacancy in the travel expenses, including per diem in lieu of ‘‘Sec. 211. Establishment. Board shall be filled in the manner in which subsistence, at rates authorized for employ- ‘‘Sec. 212. Duties. the original appointment was made. ees of agencies under subchapter I of chapter ‘‘Sec. 213. Membership. ‘‘(d) EXECUTIVE BOARD.— 57 of title 5, United States Code, while away ‘‘Sec. 214. Powers; no compensation for serv- ‘‘(1) IN GENERAL.—Not later than 60 days from their homes or regular places of busi- ice. after the day on which the appointment of ness in the performance of services for the ‘‘Sec. 215. Status of Board and members for its members is completed, the Board shall Board. purposes of claims against Board.’’. select 9 of its members to serve as the Execu- ‘‘SEC. 215. STATUS OF BOARD AND MEMBERS FOR tive Board of the Guidelines Review Board, PURPOSES OF CLAIMS AGAINST (d) EFFECTIVE DATE.—The amendments of whom— BOARD. made by this section shall take effect on the ‘‘(A) not more than 5 may be State election ‘‘(a) IN GENERAL.—The provisions of chap- Commission termination date described in officials; ters 161 and 171 of title 28, United States section 1004 of the Help America Vote Act of ‘‘(B) not more than 5 may be local election Code, shall apply with respect to the liabil- 2002 (as added by section 201(a)). officials; and ity of the Board and its members for acts or SEC. 203. SPECIAL REQUIREMENTS RELATING TO ‘‘(C) not more than 5 may be members of omissions performed pursuant to and in the TRANSFER OF CERTAIN AUTHORI- the same political party. course of the duties and responsibilities of TIES TO FEDERAL ELECTION COM- ‘‘(2) TERMS.—Except as provided in para- the Board. MISSION. graph (3), members of the Executive Board of ‘‘(b) EXCEPTION FOR CRIMINAL ACTS AND (a) DEVELOPMENT AND ADOPTION OF VOL- the Board shall serve for a term of 2 years OTHER WILLFUL CONDUCT.—Subsection (a) UNTARY VOTING SYSTEM GUIDELINES.— and may not serve for more than 3 consecu- may not be construed to limit personal li- (1) IN GENERAL.—Part 3 of subtitle A of tive terms. ability for criminal acts or omissions, willful title II of the Help America Vote Act of 2002 or malicious misconduct, acts or omissions ‘‘(3) STAGGERING OF INITIAL TERMS.—Of the (42 U.S.C. 15361 et seq.) is amended by adding members first selected to serve on the Exec- for private gain, or any other act or omission at the end the following new section: utive Board of the Board— outside the scope of the service of a member ‘‘SEC. 223. TRANSFER OF AUTHORITY TO FED- ‘‘(A) 3 shall serve for 1 term; of the Board.’’. ERAL ELECTION COMMISSION. (b) CONFORMING AMENDMENTS.— ‘‘(B) 3 shall serve for 2 consecutive terms; ‘‘(a) TRANSFER.—Effective on the Commis- (1) MEMBERSHIP ON TECHNICAL GUIDELINES and sion termination date described in section DEVELOPMENT COMMITTEE.—Section 221(c)(1) ‘‘(C) 3 shall serve for 3 consecutive terms, 1004, the Federal Election Commission (here- of such Act (42 U.S.C. 15361(c)(1)) is amend- as determined by lot at the time the mem- after in this section referred to as the ‘FEC’) ed— bers are first appointed. shall be responsible for carrying out the du- (A) in subparagraph (A), by striking ‘‘(4) DUTIES.—The Executive Board of the ties and functions of the Commission under clauses (i) and (ii) and inserting the fol- Board shall carry out such duties of the this part. lowing: Board as the Board may delegate. ‘‘(b) ROLE OF STAFF DIRECTOR.—The FEC ‘‘(i) Members of the Guidelines Review ‘‘(e) BYLAWS; DELEGATION OF AUTHORITY.— shall carry out the operation and manage- The Board may promulgate such bylaws as it Board.’’; ment of its duties and functions under this considers appropriate to provide for the oper- (B) by redesignating clause (iii) of subpara- part through the Office of the Staff Director ation of the Board, including bylaws that graph (A) as clause (ii); and of the FEC.’’. (C) in subparagraph (D), by striking permit the Executive Board to grant to any (2) CLERICAL AMENDMENT.—The table of of its members the authority to act on behalf ‘‘Standards Board or Board of Advisors’’ and contents of such Act is amended by adding at of the Executive Board. inserting ‘‘Guidelines Review Board’’. the end of the item relating to part 3 of sub- (2) CONSIDERATION OF PROPOSED GUIDE- ‘‘SEC. 214. POWERS; NO COMPENSATION FOR title A of title II the following: SERVICE. LINES.—Section 222(b) of such Act (42 U.S.C. 15362(b)) is amended— ‘‘Sec. 223. Transfer of authority to Federal ‘‘(a) HEARINGS AND SESSIONS.— Election Commission.’’. ‘‘(1) IN GENERAL.—To the extent that funds (A) in the heading, by striking ‘‘BOARD OF are made available by the Federal Election ADVISORS AND STANDARDS BOARD’’ and in- (b) TESTING, CERTIFICATION, DECERTIFICA- Commission, the Board may hold such hear- serting ‘‘GUIDELINES REVIEW BOARD’’; and TION, AND RECERTIFICATION OF VOTING SYS- ings for the purpose of carrying out this Act, (B) by striking paragraphs (2) and (3) and TEM HARDWARE AND SOFTWARE.— sit and act at such times and places, take inserting the following: (1) IN GENERAL.—Subtitle B of title II of such testimony, and receive such evidence as ‘‘(2) GUIDELINES REVIEW BOARD.—The Exec- such Act (42 U.S.C. 15371 et seq.) is amended the Board considers advisable to carry out utive Director of the Commission shall sub- by adding at the end the following new sec- this title, except that the Board may not mit the guidelines proposed to be adopted tion: issue subpoenas requiring the attendance under this part (or any modifications to such ‘‘SEC. 232. TRANSFER OF AUTHORITY TO FED- and testimony of witnesses or the production guidelines) to the Guidelines Review ERAL ELECTION COMMISSION. of any evidence. Board.’’. ‘‘(a) TRANSFER.— ‘‘(2) MEETINGS.—The Board shall hold a (3) REVIEW OF PROPOSED GUIDELINES.—Sec- ‘‘(1) IN GENERAL.—Effective on the Com- meeting of its members— tion 222(c) of such Act (42 U.S.C. 15362(c)) is mission termination date described in sec- ‘‘(A) not less frequently than once every 2 amended by striking ‘‘the Board of Advisors tion 1004, the Federal Election Commission years for purposes selecting the Executive and the Standards Board shall each review’’ (hereafter in this section referred to as the Board and voting on the voluntary voting and inserting ‘‘the Guidelines Review Board ‘FEC’) shall be responsible for carrying out system guidelines referred to it under sec- shall review’’. the duties and functions of the Commission tion 222; and (4) FINAL ADOPTION OF PROPOSED GUIDE- under this subtitle. ‘‘(B) at such other times as it considers ap- LINES.—Section 222(d) of such Act (42 U.S.C. ‘‘(2) ROLE OF STAFF DIRECTOR.—The FEC propriate for purposes of conducting such 15362(d)) is amended by striking ‘‘the Board shall carry out the operation and manage- other business as it considers appropriate of Advisors and the Standards Board’’ each ment of its duties and functions under this consistent with this title. place it appears in paragraphs (1) and (2) and subtitle through the Office of the Staff Di- ‘‘(b) INFORMATION FROM FEDERAL AGEN- inserting ‘‘the Guidelines Review Board’’. rector of the FEC. CIES.—The Board may secure directly from (5) ASSISTANCE WITH NIST REVIEW OF TEST- ‘‘(b) TRANSFER OF OFFICE OF VOTING SYS- any Federal department or agency such in- ING LABORATORIES.—Section 231(c)(1) of such TEM TESTING AND CERTIFICATION.— formation as the Board considers necessary Act (42 U.S.C. 15371(c)(1)) is amended by ‘‘(1) IN GENERAL.—There are transferred to to carry out this Act. Upon request of the striking ‘‘the Standards Board and the Board the FEC all functions that the Office of Vot- Executive Board, the head of such depart- of Advisors’’ and inserting ‘‘the Guidelines ing System Testing and Certification of the ment or agency shall furnish such informa- Review Board’’. Commission (hereafter in this section re- tion to the Board. (6) ASSISTING FEC WITH DEVELOPMENT OF ferred to as the ‘Office’) exercised under this ‘‘(c) POSTAL SERVICES.—The Board may use STANDARDIZED FORMAT FOR REPORTS ON AB- subtitle before the Commission termination the United States mails in the same manner SENTEE BALLOTS OF ABSENT UNIFORMED SERV- date. and under the same conditions as a depart- ICES AND OVERSEAS VOTERS.—Section 703(b) of ‘‘(2) TRANSFER OF PROPERTY, RECORDS, AND ment or agency of the Federal Government. such Act (42 U.S.C. 1973ff–1 note) is amended PERSONNEL.— ‘‘(d) ADMINISTRATIVE SUPPORT SERVICES.— by striking ‘‘the Election Assistance Com- ‘‘(A) PROPERTY AND RECORDS.—The con- Upon the request of the Executive Board, the mission Board of Advisors and the Election tracts, liabilities, records, property, appro- Administrator of the General Services Ad- Assistance Commission Standards Board’’ priations, and other assets and interests of ministration shall provide to the Board, on a and inserting ‘‘the Guidelines Review the Office, together with the unexpended bal- reimbursable basis, the administrative sup- Board’’. ances of any appropriations or other funds

VerDate Mar 15 2010 01:37 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.009 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8019 available to the Office, are transferred and ‘‘(g) Subject to applicable laws, the Com- SEC. 206. STUDIES. made available to the FEC. mission may enter into contracts with pri- (a) PROCEDURES FOR ADOPTION AND MODI- ‘‘(B) PERSONNEL.— vate entities to carry out any of the authori- FICATION OF VOLUNTARY VOTING SYSTEM ‘‘(i) IN GENERAL.—The personnel of the Of- ties that are the responsibility of the Com- GUIDELINES.— fice are transferred to the FEC, except that mission under paragraphs (10) through (16) of (1) STUDY.—The Comptroller General shall the number of full-time equivalent personnel subsection (a).’’. conduct a study of the procedures used to so transferred may not exceed the number of (3) LIMITATION ON AUTHORITY TO IMPOSE RE- adopt and modify the voluntary voting sys- full-time equivalent personnel of the Office QUIREMENTS ON STATES AND UNITS OF LOCAL tem guidelines applicable to the administra- as of January 1, 2011. GOVERNMENT.—Section 311 of such Act (2 tion of elections for Federal office, and shall ‘‘(ii) TREATMENT OF EMPLOYEES AT TIME OF U.S.C. 438), as amended by paragraph (2), is develop recommendations on methods to im- TRANSFER.—An individual who is an em- further amended by adding at the end the prove such procedures, taking into account ployee of the Office who is transferred under following new subsection: the needs of persons affected by such guide- this section shall not be separated or reduced ‘‘(h) Nothing in paragraphs (10) through lines, including State and local election offi- in grade or compensation because of the (16) of subsection (a) or any other provision cials, voters with , absent mili- transfer during the 1-year period that begins of this Act shall be construed to grant the tary and overseas voters, and the manufac- on the date of the transfer.’’. Commission the authority to issue any rule, turers of voting systems. (2) CLERICAL AMENDMENT.—The table of promulgate any regulation, or take any (2) REPORT.—Not later than 2 years after contents of such Act is amended by adding at other actions that imposes any requirement the date of the enactment of this Act, the the end of the items relating to subtitle B of on any State or unit of local government, ex- Comptroller General shall submit a report to title II the following: cept to the extent that the Commission had Congress on the study conducted under para- ‘‘Sec. 232. Transfer of authority to Federal such authority prior to the enactment of graph (1), and shall include in the report the Election Commission.’’. this subsection or to the extent permitted recommendations developed under such (c) DEVELOPMENT OF STANDARDIZED FOR- under section 9(a) of the National Voter Reg- paragraph. MAT FOR REPORTS ON ABSENTEE BALLOTING BY istration Act of 1993 (42 U.S.C. 1973gg–7(a)).’’. (b) PROCEDURES FOR VOTING SYSTEM TEST- ING AND CERTIFICATION.— ABSENT UNIFORMED SERVICES VOTERS AND (b) NATIONAL VOTER REGISTRATION ACT OF OVERSEAS VOTERS.—Section 703(b) of such 1993.—Section 9(a) of the National Voter (1) STUDY.—The Federal Election Commis- Act (42 U.S.C. 1973ff–1 note) is amended by Registration Act of 1993 (42 U.S.C. 1973gg– sion shall conduct a study of the procedures adding at the end the following: ‘‘Effective 7(a)) is amended by striking ‘‘Election As- for the testing, certification, decertification, on the Commission termination date de- sistance Commission’’ and inserting ‘‘Fed- and recertification of voting system hard- scribed in section 1004, the Federal Election eral Election Commission’’. ware and software used in elections for Fed- Commission shall be responsible for carrying eral office, and shall develop a recommenda- (c) UNIFORMED AND OVERSEAS CITIZENS AB- out the duties and functions of the Commis- tion on the entity that is best suited to over- SENTEE VOTING ACT.— sion under this subsection.’’. see and carry out such procedures, taking (1) DEVELOPMENT OF STANDARDS FOR STATE SEC. 204. CONFORMING AMENDMENTS TO OTHER into consideration the needs of persons af- REPORTS.—Section 101(b)(11) of the Uni- LAWS. fected by such procedures, including State formed and Overseas Citizens Absentee Vot- (a) FEDERAL ELECTION CAMPAIGN ACT OF and local election officials, voters with dis- ing Act (42 U.S.C. 1973ff(b)(11)) is amended by 1971.— abilities, absent military and overseas vot- striking ‘‘the Election Assistance Commis- (1) DUTIES OF FEC.—Section 311(a) of the ers, and the manufacturers of voting sys- sion’’ and inserting ‘‘the Federal Election Federal Election Campaign Act of 1971 (2 tems. Commission’’. U.S.C. 438(a)) is amended— (2) REPORT.—Not later than 2 years after (2) RECEIPT OF REPORTS ON NUMBER OF AB- (A) by striking ‘‘and’’ at the end of para- the date of the enactment of this Act, the SENTEE BALLOTS TRANSMITTED AND RE- graph (8); Federal Election Commission shall submit a CEIVED.—Section 102(c) of such Act (42 U.S.C. (B) by striking the period at the end of report to Congress on the study conducted 1973ff–1(c)) is amended by striking ‘‘the Elec- paragraph (9) and inserting a semicolon; and under paragraph (1), and shall include in the tion Assistance Commission (established (C) by adding at the end the following new report the recommendation developed under under the Help America Vote Act of 2002)’’ paragraphs: such paragraph. ‘‘(10) provide for the adoption of voluntary and inserting ‘‘the Federal Election Commis- voting system guidelines, in accordance with sion’’. The SPEAKER pro tempore. The gen- part 3 of subtitle A of title II of the Help (d) ELECTRONIC VOTING DEMONSTRATION tleman from Mississippi (Mr. HARPER) America Vote Act of 2002 (42 U.S.C. 15361 et PROJECTS FOR SECRETARY OF DEFENSE.—Sec- and the gentleman from Pennsylvania seq.); tion 1604(a)(2) of the National Defense Au- (Mr. BRADY) each will control 30 min- ‘‘(11) provide for the testing, certification, thorization Act for Fiscal Year 2002 (Public utes. decertification, and recertification of voting Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff The Chair recognizes the gentleman system hardware and software by accredited note) is amended by striking ‘‘the Election from Mississippi. laboratories, in accordance with subtitle B of Assistance Commission’’ and inserting ‘‘the GENERAL LEAVE title II of the Help America Vote Act of 2002 Federal Election Commission’’. (42 U.S.C. 15371 et seq.); (e) TECHNOLOGY PILOT PROGRAM FOR AB- Mr. HARPER. Mr. Speaker, I ask ‘‘(12) maintain a clearinghouse of informa- SENT MILITARY AND OVERSEAS VOTERS.—Sec- unanimous consent that all Members tion on the experiences of State and local tion 589(e)(1) of the Military and Overseas may have 5 legislative days in which to governments in implementing voluntary vot- Voter Empowerment Act (42 U.S.C. 1973ff– revise and extend their remarks and to ing system guidelines and in operating vot- 7(e)(1)) is amended by striking ‘‘Election As- include materials on H.R. 3463. ing systems in general; sistance Commission’’ and inserting ‘‘Fed- The SPEAKER pro tempore. Is there ‘‘(13) carry out the duties described in sec- eral Election Commission’’. objection to the request of the gen- tion 9(a) of the National Voter Registration (f) EFFECTIVE DATE.—The amendments tleman from Mississippi? Act of 1993; made by this section shall take effect on the ‘‘(14) develop a standardized format for re- There was no objection. Commission termination date described in Mr. HARPER. Mr. Speaker, I yield ports submitted by States under section section 1004 of the Help America Vote Act of 102(c) of the Uniformed and Overseas Citizens 2002 (as added by section 201(a)). myself such time as I may consume. Absentee Voting Act, make such format To begin, I would like to thank the available to States and units of local govern- SEC. 205. OTHER CONFORMING AMENDMENTS RELATING TO TERMINATION. chairman of the Committee on Science, ment submitting such reports, and receive Space, and Technology, the gentleman such reports in accordance with section (a) HATCH ACT.—Section 7323(b)(2)(B)(i)(I) of title 5, United States Code, is amended by from Texas (Mr. HALL), for his contin- 102(c) of such Act, in accordance with section ued assistance in ensuring these impor- 703(b) of the Help America Vote Act of 2002; striking ‘‘or the Election Assistance Com- ‘‘(15) carry out the duties described in sec- mission’’. tant matters are considered by the tion 1604(a)(2) of the National Defense Au- (b) SENIOR EXECUTIVE SERVICE.—Section House. He has been a helpful partner. thorization Act for Fiscal Year 2002 (Public 3132(a)(1)(C) of title 5, United States Code, is Mr. Speaker, we live in uncertain Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff amended by striking ‘‘or the Election Assist- times—with job creation stifled by note); and ance Commission’’. crushing debt. But there are two things ‘‘(16) carry out the duties described in sec- (c) INSPECTOR GENERAL ACT OF 1978.—Sec- I am certain of: the necessity of cut- tion 589(e)(1) of the Military and Overseas tion 8G(a)(2) of the Inspector General Act of ting unnecessary spending and the fact Voter Empowerment Act (42 U.S.C. 1973ff– 1978 (5 U.S.C. App.) is amended by striking that H.R. 3463 is a simple and straight- 7(e)(1)).’’. ‘‘the Election Assistance Commission,’’. forward way to do just that. H.R. 3463 (2) AUTHORIZATION TO ENTER INTO PRIVATE (d) EFFECTIVE DATE.—The amendments CONTRACTS TO CARRY OUT FUNCTIONS.—Sec- made by this section shall take effect on the cuts unnecessary spending in two ways: tion 311 of such Act (2 U.S.C. 438) is amended Commission termination date described in First, it ends the taxpayer financing by adding at the end the following new sub- section 1004 of the Help America Vote Act of of Presidential election campaigns and section: 2002 (as added by section 201(a)). party conventions, a program growing

VerDate Mar 15 2010 01:37 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.009 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8020 CONGRESSIONAL RECORD — HOUSE December 1, 2011 less and less popular for both taxpayers b 1250 lect unemployment benefits? When we and candidates. Second, H.R. 3463 ter- Also long overdue is the elimination have an agency that is not needed and minates the Election Assistance Com- of the Election Assistance Commission. produces scandal after scandal, mission, an obsolete government agen- The EAC, created in 2002, as this chart misperformance after misperformance, cy originally intended to sunset in 2005. indicates, was expected to sunset in it is time for this agency to go. Every Federal program, including 2005. Instead, as you see on the chart, According to the CBO, dissolving the these, is there because someone thinks despite its dwindling services, Mr. EAC will save taxpayers $33 million it is a good idea; but if we do not elimi- Speaker, this agency has more than over the next 5 years. nate some programs, then a $15 trillion doubled its employee size in 3 years. Mr. Speaker, we have a $15 trillion debt will just be the starting point of This is clearly an abuse of what should our decline into a European-style fiscal debt. We have to start somewhere. We have taken place. now have annual deficits over a trillion crisis. Everyone talks about tough The EAC was established for a noble choices, and we have to make them. dollars. H.R. 3463 eliminates one gov- purpose: to allocate Federal grants for ernment program that virtually no one Frankly, these choices aren’t even very State voting systems upgrades, to con- tough. They are about as easy as we’re uses and shuts down an agency that duct research, and to test and certify has completed the task that it was as- going to find. voting equipment. Aside from the cer- Since 1976 American taxpayers have signed. Amazingly, we’ve had proposals tification services, which can be car- spent $1.5 billion in funding Presi- not to shrink these programs but to ex- ried out by another agency, the EAC dential primary campaigns, Presi- pand them. Only in Washington is the has fulfilled its purpose. answer to dysfunction expansion. dential election campaigns, and na- Over $3 billion has been sent to tional party conventions. My colleague States over the years to help them This bill will not cure all of the prob- from Oklahoma (Mr. COLE) has been a modernize their voting equipment. lems that we have on its own, but it is leader in trying to end those campaign Now, the EAC has allocated all of its one of many steps we are going to have subsidies, and I am pleased to work remaining election grants and even ze- to take; otherwise, we will sink deeper with him today to continue that effort. roed out its request for additional and deeper into debt and trap our chil- When the taxpayer financing of polit- grant funds in its last three annual dren and our grandchildren down into a ical campaigns and conventions was downward spiral. Today is the time to adopted, proponents said it would im- budget requests. The National Association of Secre- act, and this agency and this program prove the public’s trust in their gov- taries of State, a bipartisan group, the are the place to start. ernment, clean up our politics, and in- direct beneficiary of the EAC’s dwin- crease the competitiveness of political I urge my colleagues to support H.R. dling services, has passed not one but campaigns. Sadly, it has failed on all 3463, and I reserve the balance of my two resolutions calling for the EAC’s counts. Now we find that more and time. dissolution. As this chart indicates, the more candidates are opting out of the HOUSE OF REPRESENTATIVES, COM- system altogether. The Federal Elec- EAC’s FY12 budget request devotes 51.7 MITTEE ON SCIENCE, SPACE, AND TECHNOLOGY, tion Commission has just this week percent of its budget to management and overhead costs—more than half. Washington, DC, November 30, 2011. confirmed that no Presidential can- Hon. DANIEL E. LUNGREN, didate to date has opted to participate Under this plan, the agency would use $5.4 million to manage programs total- Chairman, Committee on House Administration, for the 2012 election. Longworth House Office Building, Wash- Mr. Speaker, we are talking about ing $3.5 million. ington, DC. eliminating a program that literally no This bill would transfer the EAC’s re- maining valuable service, its voting DEAR CHAIRMAN LUNGREN: I am writing to candidate is currently using or pre- you concerning the jurisdictional interest of paring to use at this point. That in- system testing and certification pro- the Committee on Science, Space, and Tech- cludes President Obama, who in 2008 fa- gram, to an existing agency instead of nology in H.R. 3463 (to reduce Federal spend- mously became the first Presidential paying the overhead costs of a com- ing and the deficit by terminating taxpayer candidate ever to decline to participate plete agency just to operate that pro- financing of presidential election campaigns in both the primary and general elec- gram. Like its predecessor bill, H.R. and party conventions and by terminating 672, this bill maintains an advisory sys- the Election Assistance Commission) intro- tion phases of the program. duced on November 17, 2011. It’s not just the candidates who don’t tem to give State and local election of- like it. As this chart indicates, support ficials input into the testing and cer- I recognize and appreciate your desire to tification program. bring this legislation before the House of from Americans overall is dramatically Representatives in an expeditious manner, low for this program. Since peaking in Mr. Speaker, since December of 2010, the Election Assistance Commission and accordingly, I will waive further consid- 1980, the percentage of taxpayers opt- eration of this bill in Committee, notwith- ing to participate has declined from a has not had a quorum. That means it standing any provisions that fall within the high of 28.7 percent to 7 percent. has not been able to make policy deci- jurisdiction of the Committee on Science, It’s obviously something that needs sions requiring approval by the Com- Space, and Technology. This waiver, of to be done away with. That means that missioners. Has anyone even noticed? course, is conditional upon our mutual un- 93 percent of American taxpayers Compared to the real crises facing our derstanding that agreeing to waive consider- choose not to participate. They refuse country, has there been harm caused to ation of this bill should not be construed as to subsidize political campaigns. Who justify keeping an obsolete agency? waiving, reducing, or affecting the jurisdic- tion of the Committee on Science, Space, can blame them? It’s bad enough that The EAC is not merely obsolete, it’s also wasteful. I have spoken to this and Technology. Additionally, the Com- they have to watch campaign commer- mittee on Science, Space, and Technology cials, but they shouldn’t have to pay House before about the two hiring dis- expressly reserves its authority to seek con- for them with taxpayer dollars as well. crimination lawsuits against the EAC. ferees on any provision within its jurisdic- The money designated by a check-off Unfortunately, the more time that tion during any House-Senate conference on tax returns is diverted from those passes, the more problems come to that may be convened on this, or any similar taxpayers’ payments into this program light. Just recently we learned that a legislation. I ask for your commitment to so that every other taxpayer has to former EAC Commissioner, who contin- support any request by the Committee for make up the difference in revenue to ued serving for a year after the end of conferees on H.R. 3463 as well as any similar or related legislation. the Treasury. The 93 percent of tax- the term and then resigned, has been payers who do not participate have to collecting unemployment benefits. Nei- I ask that a copy of this letter and your re- ther the Commissioner’s sponse be placed in the Congressional Record make up for the money spent by the during consideration of H.R. 3463 on the current 7 percent who do. letter nor any facts that we know of in- House floor. Mr. Speaker, eliminating this system dicate the departure was anything I look forward to working with you on will save taxpayers an estimated $447 other than voluntary. matters of mutual concern. million over 5 years and will imme- When we have millions of people in Sincerely, diately return nearly $200 million to this country struggling to make ends RALPH M. HALL, the Treasury. This is sensible and long meet, how can a senior government of- Chairman, Committee on Science, Space, overdue. ficial who leaves a job voluntarily col- and Technology.

VerDate Mar 15 2010 01:37 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.027 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8021 HOUSE OF REPRESENTATIVES, elections, not weaken it, as this bill minate the EAC. I stand with those COMMITTEE ON HOUSE ADMINISTRATION, does. who cannot afford to make huge con- Washington, DC, December 1, 2010. When sources of funds are inten- tributions and would rather speak with Hon. RALPH HALL, tionally concealed, what kind of mes- their votes than their wallets. I, along Chairman, Committee on Science, Space, and sage does this send to the country? It Technology, Rayburn House Office Build- with Democratic colleagues, stand with ing, Washington, DC. sends the message that we do not care the principles that voter inclusion, not DEAR MR. CHAIRMAN: Thank you for your where we get our contributions as long voter exclusion, is what we should letter regarding your Committee’s jurisdic- as they are substantial and they are se- strive for, and the attempted disenfran- tional interest in H.R. 3463, to reduce Fed- cret, and that is wrong. chisement of any eligible voters is des- eral spending and the deficit by terminating We can reform the Presidential Elec- picable and is beyond words and cannot taxpayer financing of presidential election tion Campaign Fund without repealing be tolerated. campaigns and party conventions and by ter- it. This is the best course of action. On this bill I urge a ‘‘no’’ vote. minating the Election Assistance Commis- Across the country, States are mak- sion. LEAGUE OF WOMEN VOTERS ing it harder for voters to cast their OF THE UNITED STATES, I appreciate your willingness to support ballots. New laws requiring voter iden- expediting floor consideration of this impor- Washington, DC, May 24, 2011. tant legislation, notwithstanding the inclu- tifications, strict and arbitrary voting To: Members of the Committee on House Ad- sion of any provisions under the jurisdiction registration regulations, and elimi- ministration of the Committee on Science, Space, and nating the days designed for early vot- From: Elisabeth MacNamara, President Technology. I understand and agree that ing are all part of an effort to limit Re H.R. 672, To Terminate the Election As- your willingness to waive further consider- voter participation and turnout. Voters sistance Commission ation of the bill is without prejudice to your have noticed and have already started The League of Women Voters urges you to Committee’s jurisdictional interests in this to push back. oppose H.R. 672, which would terminate the or similar legislation in the future. In the This was the case in Maine last Election Assistance Commission and transfer some of its functions to the Federal Election event a House-Senate conference on this or month when they used the ‘‘People’s similar legislation is convened, I would sup- Commission. Instead of eliminating the EAC, port a request from your Committee for an Veto’’ to throw out a law passed by the we believe that Congress should strengthen appropriate number of conferees. Republican legislature and Governor to the commission and expand its responsibil- I will include a copy of our exchange in the eliminate the State’s successful same- ities. Moreover, the FEC is dysfunctional; Congressional Record during consideration day voter registration program which expanding its role would be a mistake. of H.R. 3463 on the House floor. has been in place for 40 years. In other The League believes that elections are fun- Thank you for your cooperation as we States, restrictive new laws may be damental to a functioning democracy and work towards enactment of this legislation. forced onto the ballot for a possible re- that every effort should be made to elevate Sincerely, their administration to the highest impor- peal in referendums in 2012. tance. Congress should not turn its back on DANIEL E. LUNGREN, If that wasn’t bad enough, over- Chairman, federal efforts to ensure election integrity, Committee on House Administration. worked and underpaid local election of- improve voter access to the polls, and im- ficials and volunteers are expected to Mr. BRADY of Pennsylvania. Mr. prove election systems. The of the EAC keep track of election law changes far outweighs its monetary costs; in fact, the Speaker, I yield myself such time as I while still administrating large, com- costs of poorly run elections are intolerable. may consume. plex, and often unpredictable elections. It is time for election administration to I rise in opposition to H.R. 3463. The Election Assistance Commission move into the 21st Century, not back toward This is not new territory for this does much of the heavy lifting for the 19th. Congress. This proposal to eliminate Unfortunately, elections in our country them, establishing and maintaining an the Presidential Election Campaign are still not well-administered, and we are information database for all local elec- Fund and the Election Assistance Com- concerned that many states and localities tion officials to utilize. mission has already been dealt with in are not doing a good job ensuring federally- The EAC also produces instructional protected voting rights. For example, a GAO this Congress. The legislation before us videos and materials, which cash- report on the 2008 election said that there proposes to combine these two really strapped election officials claim save are significant problems for persons with dis- bad ideas. them thousands of dollars annually. abilities in gaining access to the polls. Phys- In an era of rapidly changing election And the letters of support for the EAC, ical barriers remain in far too many cases. In law, both in terms of campaign finance which have been also sent to my col- fact, 31 states reported that ensuring polling regulation and voting rights, these two place accessibility was ‘‘challenging.’’ leagues across the aisle, are still roll- There many other areas of election admin- programs are more important now than ing in. ever. The electoral landscape is much istration that cause concern, including The EAC’s essential services do not statewide voter registration lists, provi- different today than it was even 4 short stop there. The Commission is charged sional balloting, list cleaning, voting ma- years ago. The Supreme Court allows with the testing of certification of vot- chines and tabulating, access to registration, unlimited contributions from special ing machines, the only agency in the and meeting voter information needs. In ad- interests, and Super PACs are raising Federal Government tasked to do this. dition, there are critical questions that must vast amounts of funds with no govern- Who will ensure that all of our votes be addressed about the application of new ment oversight or regulation. Corpora- are counted? Who will ensure that ev- technologies like the Internet to the voting tions and special interests are donating eryone has an opportunity to cast a and registration processes. Each of these massive sums of money, and some may areas would benefit from additional study, ballot for their intended candidate? data gathering and information sharing expect a return on their investment. Who will ensure that we do not repeat among election officials at every level, the Unfortunately, this return often comes the historical debacle of Florida in the public, and concerned organizations. at the expense of the American people year 2000? With these continuing problems, now is and sometimes at the expense of the in- It is important to remember that certainly not the time to abolish the only tegrity of this body. events led to the establishment of the federal agency that devotes its full resources We cannot expect the trust of the Presidential Election Campaign Fund and attention to improving our elections. electorate if they feel they do not have and the EAC—the Watergate scandal of Let us not go back to the 2000 election but go a voice. We should provide trans- forward, improving each election over the the early 1970s and Florida in 2000, re- last. We know what needs to be done; now let parency and accountability, not se- spectively. These historical controver- us devote the resources to what should be crecy and irresponsibility. sies eroded the public’s faith in our po- done. Just last Congress, my colleagues litical system. These measures were and I passed the DISCLOSE Act, which meant to restore their faith, to restore THE LEADERSHIP CONFERENCE ON called for more transparency in how accountability to Washington and, CIVIL AND HUMAN RIGHTS, our elections are financed, and that bill most importantly, to ensure that the Washington, DC, May 24, 2011. was killed by Senate Republicans. DEAR REPRESENTATIVE: On behalf of the people were heard. All this bill will do Voting Rights Task Force of The Leadership Members of the House, such as Mr. VAN is weaken further what little faith the Conference on Civil and Human Rights, we HOLLEN of Maryland and Mr. LARSON of American electorate has left. urge you to oppose H.R. 672, which would ter- Connecticut, have authorized bills that Today I stand with every letter writ- minate the Election Assistance Commission would strengthen public financing of er that has pleaded with us not to ter- (‘‘EAC’’ or ‘‘Commission’’). As organizations

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.006 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8022 CONGRESSIONAL RECORD — HOUSE December 1, 2011 that are committed to supporting and ex- in our arsenal to strengthen our democracy. ters the training and organization of our na- panding the civil and voting rights of all The right to vote is a cornerstone of our de- tion’s more than 8,000 election administra- Americans, we have devoted substantial re- mocracy and we as a Nation should do all we tors. The EAC’s award-winning web page has sources to the passage of both the National can to ensure that every eligible American become the ‘‘go to’’ site for election adminis- Voter Registration Act and the Help Amer- can cast an unfettered vote of their own free trators, advocates, and academics. ica Vote Act. Terminating the EAC puts our will and that their vote is counted. Moreover, the Commission is charged with work at jeopardy and risks reducing the vot- As established by the 2002 Help America developing standards for voting systems, and ing and civil rights of our citizens—rights for Vote Act, the Election Assistance Commis- this precedent-setting work has been recog- which many have given their lives. sion provides research and data, guidance nized by nations around the world. Several The EAC does valuable work to ensure the and grants to states and local governments countries are so impressed with our system reliability and trustworthiness of our na- so they can employ the best practices and that they have signed agreements with the tion’s election systems. The Commission the most up-to-date methods of registering EAC for technical assistance as they devel- plays a major role in collecting accurate and and voting. The Election Assistance Com- oped their own voting system standards and comparable election data. With our nation’s mission has provided crucial help to many certification procedures. The EAC’s certifi- complex and diversified election administra- localities in the efforts to identify and reach cation program is helping state and local tion system, central data collection is essen- groups which had heretofore been governments to save money by using its tial if we are going to improve our citizens’ disenfranchised, including racial and ethnic oversight role to coordinate with manufac- trust and confidence in election results. The minorities, members of the Armed Services turers and local election officials to ensure Commission develops and fosters the train- (especially those serving overseas), disabled that the existing equipment meets its dura- ing and organization of our nation’s more Americans and senior citizens. bility and longevity potential. This saves than 8,000 election administrators. Through We should be supporting and enhancing state and local governments from the unnec- its many working committees and the work groups like the Election Assistance Commis- essary expense of new voting equipment. it does to foster robust dialogue among advo- sion, whose mission is to engage more Amer- Importantly, the EAC has played a central cates, manufacturers and administrators, icans in the democratic process so that their role in improving the accessibility of voting the Commission is improving the adminis- voices may be heard. I therefore must again for the country’s more than 37 million voters tration of elections. The EAC’s award-win- strongly urge you to oppose and work with disabilities. Although we still have a ning web page has become the ‘‘go to’’ site against bills such as H.R. 672, which would way to go to achieve the Help America Vote for election administrators, advocates, and terminate the Election Assistance Commis- Act’s mandate to make voting accessible, academics. sion within 60 days of enactment. Sadly, this the EAC’s leadership is essential to con- The Commission is charged with devel- shortsighted legislation which is, in fact, a tinuing the effort to offer all Americans the oping standards for voting systems, and this direct attack on one of the most funda- right to vote ‘‘privately and independently.’’ precedent-setting work has been recognized mental components of our form of govern- We recognize that H.R. 672 would transfer by nations around the world. Several coun- ment, the right to vote and have that vote many of the EAC’s functions to the FEC but tries are so impressed with our system that count, was passed out of the House Adminis- this would not be wise. The FEC is dysfunc- they have signed agreements with the EAC tration Committee and may come before you tional. It is overwhelmed by its current re- for technical assistance as they develop their on the House floor in the very near future. sponsibilities, as evidenced by repeated court Thank you in advance for your attention own voting system standards and certifi- orders to correct its regulations to bring to the NAACP position: I look forward to cation procedures. The EAC’s certification them in line with the laws of the United working with you to see that we work to- program uses its oversight role to coordinate States. The FEC is starkly divided on par- ward a more inclusive democracy and to pro- with manufacturers and local election offi- tisan lines, making it particularly inappro- tect the integrity of our Nation and our gov- cials to ensure that existing voting equip- priate for election administration respon- ernment. Should you have any questions or ment meets durability and longevity stand- sibilities. And the FEC is increasingly un- comments, please do not hesitate to contact ards. This saves state and local governments able to make decisions or even to agree on me at my office at (202) 463–2940. from the unnecessary expense of new voting staff-negotiated recommendations. Sincerely, equipment. Rather than abolishing the EAC, Congress The EAC has also played a central role in HILARY O. SHELTON, should provide the EAC with resources and a improving the accessibility of voting for the Director, NAACP renewed commitment to sponsoring and en- country’s more than 37 million voters with Washington Bureau couraging information sharing among state disabilities. We still have a long way to go to & Senior Vice Presi- and local officials, EAC committees, the achieve the Help America Vote Act’s man- dent for Advocacy non-partisan voting rights community, tech- date to make voting accessible. The EAC’s and Policy. nical experts and others. leadership is essential to continuing the ef- Elections are the life blood of a democracy. fort to offer all Americans the right to vote DE¯ MOS, We strongly urge the committee to strength- ‘‘privately and independently.’’ New York, NY, May 24, 2011. As we approach the 2012 elections, the EAC Committee on House Administration, Sub- en the Election Assistance Commission in- must continue to do its important work. committee on Elections, U.S. House of Rep- stead of terminating it. Rather than abolishing the agency just be- resentatives, Washington, DC. Sincerely, fore the 2012 elections, we believe Congress DEAR REPRESENTATIVE: De¯mos respectfully MILES RAPOPORT, should strengthen the Commission by broad- urges the members of the Subcommittee on President. ening its data collection responsibilities and Elections to oppose H.R. 672, legislation that by giving it regulatory authority to ensure would terminate the Elections Assistance LAWYERS’ COMMITTEE FOR that persons with disabilities have full ac- Commission (EAC). Without the EAC there CIVIL RIGHTS UNDER LAW, cess to the polls. would be no federal agency focused on im- Washington, DC, June 21, 2011. Thank you for your consideration of our proving the quality of elections—a vital Hon. NANCY PELOSI, position. If you have any questions about function in ensuring the success of our demo- Minority Leader, U.S. House of Representatives, this letter, please contact Leadership Con- cratic institutions. Washington, DC. ference Senior Counsel Lisa Bornstein, at De¯mos is a non-partisan public policy re- DEAR MADAM LEADER: The Lawyers’ Com- (202) 263–2856 or [email protected]. search and advocacy organization committed mittee for Civil Rights Under Law (‘‘Law- Sincerely, to building an America which achieves its yers’ Committee’’) writes to express our op- WADE HENDERSON, highest democratic ideals—a nation where position to the ‘‘To Terminate the Election President & CEO. democracy is robust and inclusive, with high Assistance Commission, and For Other Pur- NANCY ZIRKIN, levels of electoral participation and civic en- poses Act’’ (H.R. 672). In the 2000 presidential Executive Vice Presi- gagement; an economy where prosperity and election, many voters in Florida were wrong- dent. opportunity are broadly shared and disparity fully denied access to the ballot based on is reduced; and a strong and effective govern- faulty voting equipment and a lack of dis- NATIONAL ASSOCIATION FOR THE ment with the capacity to plan for the fu- cernible standards for vote counting. This ADVANCEMENT OF COLORED PEOPLE, ture. bill would roll back the progress being made Washington, DC, June 2, 2011. The EAC does valuable work to ensure the to bring more uniformity and equity to the MEMBERS, efficacy, reliability, and trustworthiness of election process across the states. U.S. House of Representatives, our nation’s election systems. For example, The Lawyers’ Committee is a nonpartisan, Washington, DC. the Commission plays a major role in col- nonprofit organization, established in 1963 at DEAR REPRESENTATIVE: On behalf of the lecting accurate and comparable election the request of President John F. Kennedy to NAACP, our nation’s oldest, largest and data. With our nation’s complex and diversi- involve the private bar in providing legal most widely-recognized grassroots-based fied election administration system, central services to protect the rights of individuals civil rights organization, I strongly urge you data collection is essential to accurately as- affected by racial discrimination. The de- to do all you can to support the Election As- sess its state and therefore to improve our fense of voting rights has been a core part of sistance Commission and to oppose and vote citizens’ trust and confidence in election re- the Lawyers’ Committee’s work since our against efforts to terminate this crucial tool sults. The Commission also develops and fos- founding nearly 50 years ago. We believe that

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.025 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8023 abolishing the Election Assistance Commis- the full participation of individuals with dis- With that, I reserve the balance of sion (EAC) fails to further voting trans- abilities in the entire electoral process, in- my time. parency and reliability that was at the heart cluding registering to vote, casting a ballot, Mr. BRADY of Pennsylvania. Mr. of the Help America Vote Act (HAVA). Pre- and accessing polling places. Speaker, I yield 2 minutes to the gen- dictably, those who would be most fre- The EAC has played a central role in im- quently disenfranchised are also those least proving the accessibility of voting for voters tlelady from California (Ms. LOFGREN). able to advocate for their right to vote, with disabilities. A Government Account- Ms. ZOE LOFGREN of California. I whether poor, uneducated, infirm or elderly. ability Office report from 2009 http:// thank the gentleman for yielding. Faced with a challenge to our democratic www.gao.gov/newitems/d09685.pdf) found that I rise in opposition to the bill. system, Congress immediately rushed to ac- 72 percent of polling places surveyed on Elec- Instead of focusing on jobs and help- tion to take bold steps to bring our elections tion Day 2008 had impediments that hinder ing middle class families, the Repub- into the 21st century by passing HAVA which physical access or limit the opportunities for lican leadership is hard at work today established the EAC. The EAC tests and cer- private and independent voting for people with disabilities. This is an improvement creating additional ways in which cor- tifies voting machines for use in elections to porations and special interests can avoid a repeat of the 2000 election debacle in over the results of a similar study done dur- Florida; administers electronic voting for ing the 200 election, in which 84 percent of dominate our elections process. Ending our brave men and women in uniform fight- polling places had impediments. The EAC, the Presidential Election Campaign ing overseas so that they are able to vote established following the 2000 election, has Fund opens the door for large political abroad; and creates voluntary voting guide- helped improve these results by acting as a spenders to enjoy an even greater role lines for states, instilling confidence in the national clearinghouse of information on ac- in the funding of political campaigns. democratic process of this country for all cessible voting and providing technical as- The voluntary public finance system sistance and guidance for election commis- voters. Since its inception, the Lawyers’ for Presidential campaigns was created Committee has been intimately acquainted sioners and how to make polling places, and the voting process as a whole, more acces- in the early seventies as a direct result with the work of the EAC, especially as Bar- of the corruption of Watergate, the bara Arnwine our Executive Director has sible. There remains much work to be done not served on the EAC advisory board. Our work largest political scandal of our genera- only relating to physical accessibility, but and experience with the EAC leads us to be- tion. Stopping corruption and the ap- also relating to other barriers to voting, lieve that its establishment was the right pearance of corruption is as important such as a lack of voting and registration ma- course of action, and that its existence has today as it was during the Nixon years. terials in accessible formats for people with helped bring some clarity to our multi-fac- sensory disabilities. In some instances, there The level of spending by corporations eted election process. have been outright denials of the right to and special interests since the Supreme The work of the EAC to improve and mod- register and vote based on false assumptions Court’s decision in Citizens United ernize our election system is far from over. about a person’s legal capacity to vote. Abol- should give every American reason for Moving the functionality of the EAC to the ishing the EAC at this point in time would concern. Do my Republican colleagues FEC would not only be ineffective, but cost- be a step back for people with disabilities ly. The Federal Election Committee (FEC), really believe that more corporate and and the goal of full accessibility to the vot- special interest money in politics is institutionally partisan and consistently in- ing process, and prevent people with disabil- effective in achieving even its current man- ities from partaking of this most funda- going to benefit in any way the 99 per- date, is not the organization we need to test mental civil right. cent of Americans who don’t have lob- and certify voting machines, or safeguard As we rapidly approach the 2012 elections, byists? the votes of our service men and women. the EAC must continue to do its important The current public finance system for With the presidential election on the hori- work. Rather than abolishing the agency Presidential elections has problems. zon, it is more important than ever that we just before the 2012 elections, Congress ensure the voice of the people is heard Most notably, it has not kept pace with should strengthen the EAC to ensure that the cost of modern campaigns, so we through a reliable, transparent democratic persons with disabilities fully enjoy the system. Termination of the EAC will take us right to vote privately and independently. should fix it instead of eliminating it. backwards when we are trying to move for- Therefore, on behalf of the NDRN and the 57 And I would note that the Republican ward. P&A agencies it represents, I ask that you National Committee recently received Sincerely, oppose H.R. 672 when it is considered by the $18 million from the fund, so if the Re- BARBARA R. ARNWINE, full House of Representatives today. publicans think it’s such a bad idea, Executive Director. Sincerely, perhaps they should ask the RNC to re- TANYA CLAY HOUSE, CURTIS L. DECKER, JD, turn the money. Director of Public Pol- Executive Director. icy. As for the Election Assistance Com- Mr. Speaker, I reserve the balance of mission, the EAC is the only Federal my time. NATIONAL RIGHTS agency focused on improving Federal NETWORK, b 1300 elections. This was an outgrowth of the Washington, DC, June 21, 2011. Mr. HARPER. Mr. Speaker, I yield disastrous process of the 2000 election. Re Opposition to H.R. 672, the Election Sup- Remember, 100 million votes were cast, port Consolidation and Efficiency Act. myself such time as I may consume. It is clear that what has happened but it took a decision of the Supreme As the Executive Director of the National here is that there has been no response Court before a winner was declared. Disability Rights Network (NDRN), I write to many of the allegations of mis- The experience left a black eye on our to express the opposition of NDRN and the 57 elections process. It’s not something Protection and Advocacy systems it rep- management that we’ve heard so far. It resents to H.R. 672, the Election Support is clear from the things that have hap- America should go through again. Consolidation and Efficiency Act (ESCEA). pened that the EAC, in particular, it is As State and local budgets are cut, Voting is a fundamental right, and the Elec- time for this to come to a conclusion. the value of this commission is going tion Assistance Commission has played an It is an agency whose average to grow. important role since its creation to ensuring for its employees—and the employee The SPEAKER pro tempore. The that polling places and the voting process size has more than doubled since 2007— time of the gentlewoman has expired. are accessible to people with disabilities. the average salary is $106,000 for this Mr. BRADY of Pennsylvania. I yield The ESCEA would hinder progress toward agency. Ronald Reagan said that the the gentlelady an additional 30 sec- accessibility of polling places and the voting onds. process by abolishing the Election Assist- closest thing on earth to eternal life is ance Commission (EAC). a temporary government program. This Ms. ZOE LOFGREN of California. NDRN is the national membership associa- was supposed to last for a period of 3 Have there been problems at the EAC? tion for the 57 Protection & Advocacy (P&A) years. Yes, there have been problems. What agencies that advocate on behalf of persons The National Association of Secre- should we do about it? We need over- with disabilities in every state, the District taries of State in 2005 did a resolution, sight and reform. We shouldn’t just of Columbia, and U.S. territories. For over 30 a bipartisan group, they did a resolu- abolish this commission because we are years, the P&A agencies have been mandated tion saying bring this to an end. They going backwards to the bad old days of by Congress to protect and enhance the civil renewed that resolution again in 2010, inconsistency among voters. I urge my rights of individuals with disabilities of any age and in any setting. One area of focus for and yet it remains. If we cannot get rid colleagues to focus on the economy, the P&As is voting through the Protection of an agency like the EAC, then we’re focus on jobs, and don’t pass bills that and Advocacy for Voting Access Act (PAVA) never going to be able to get rid of any- give corporations and special interests which charges P&As with helping to ensure thing up here. even greater influence in our elections.

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.028 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8024 CONGRESSIONAL RECORD — HOUSE December 1, 2011 Mr. HARPER. Mr. Speaker, I yield supposed to talk about fairness and Mr. HARPER. Mr. Speaker, I yield 1 myself such time as I may consume. helping in elections themselves get minute to the gentleman from Texas It is amazing that there is a ref- sued for political discrimination. And (Mr. BARTON). erence to the need that we need to one of those that created that problem Mr. BARTON of Texas. I thank the focus on jobs instead of doing some- is the one that voluntarily resigned gentleman from Mississippi for yield- thing like this. If that’s the case, we’ve and received unemployment benefits ing. passed about 25 bills this year out of for a voluntary resignation. One of the arguments that’s been the Republican-led House that dealt We have the organizational chart made about the EAC, Mr. Speaker, is with jobs and dealt with the economy. that shows that the EAC included a that it’s the Federal Election Commis- We have done our job on that, and now special assistant to a vacant position. I sion that ensures every American citi- they’re sitting over in the Senate who can go on and on, Mr. Speaker, on the zen’s right to vote. If only that were knows where or why awaiting action. mismanagement of the EAC. It is clear- true, Mr. Speaker. So we have been doing those things, ly time to say—and I understand that The National Association of Secre- the tough decisions, the things that there are some things that we need to taries of State, which is the organiza- will create jobs if the Senate and the keep. We are saying that the essential tion in each State that oversees the White House would join with us on functions of this group, send them over elections, has called for the dissolution those things. So that is simply not ac- to the FEC, and we can take care of of the EAC. The committee has heard curate to say that we haven’t been fo- those situations on testing and certifi- firsthand testimony from Secretaries cusing on jobs because we have done cation, make the process more effi- of State all across the country. Both in that since we started this year, and we cient, and we’ll save money for the tax- 2005 and again in 2010, the National As- will continue to do so and encourage payers. sociation of Secretaries of State has and urge our colleagues over in the With that, I reserve the balance of called for the dissolution of the EAC. Senate to bring these matters up. They my time. If the organizations that are actually include things that will help on over- Mr. BRADY of Pennsylvania. Mr. responsible in each State for holding burdensome EPA regs, with things that Speaker, I yield 3 minutes to the gen- the elections, Mr. Speaker, are asking will deal with permitting and drilling tlelady from California (Mrs. DAVIS). that the Federal agency that’s sup- Mrs. DAVIS of California. Mr. Speak- in the Gulf of Mexico and things that posed to help them should be dissolved, er, I rise in opposition to H.R. 3463. I think it would behoove the Congress will have a direct impact on our econ- It might sound surprising, but right to listen to the States and in this case omy and jobs. behind jobs, one of the top concerns my You know, it is clear, particularly on dissolve this commission. constituents contact me about is cam- Mr. BRADY of Pennsylvania. Mr. the EAC, which was created in 2002 paign reform. You’d think that cam- Speaker, I yield 2 minutes to the gen- after HAVA, the Help America Vote paign rules would be the very last tleman from Missouri (Mr. CLAY). Act, after the Bush-Gore recount so thing people would think about when Mr. CLAY. I thank the gentleman that we wouldn’t have another hanging they’re worried about their livelihoods, from Pennsylvania for yielding. chad or butterfly ballot situation, and their mortgages, and their family’s Mr. Speaker, there are ongoing at- this agency administered over $3 bil- health care. But they know that the tempts to suppress the valid legal vote lion worth of grants to the States for electoral process is at the heart of ev- of some communities in this country. machines. When it was passed, it was erything their government can do for Earlier efforts to stop selected Ameri- designed to be a 3-year agency and pro- them. gram. We’re 9 years into this. And in- The American people are frustrated. cans from voting, such as literacy tests stead of trying to say, okay, and we They are frustrated by what I call and poll taxes, were overturned by this showed the chart a minute ago with super-sized campaigns. It’s all too Congress. But while the tactics of these $5.4 million worth of management much. It’s too slanderous. It’s too hard people have changed, their strategy re- costs, and yet only a little over $3 mil- to tell who’s paying for what and who’s mains the same—intimidate, discour- lion in program costs. And the grants saying what. They feel that big donors, age, or otherwise prevent certain for the machines, Mr. Speaker, are now big corporations, and ideological groups of American citizens from vot- gone and they are not there. groups are running the show, and ing. Current tactics include burdensome We have the letter from the National they’re being left out. But the Amer- voter ID laws, outrageous registration Association of Secretaries of State ican people care, and they believe in requirements, dishonest ‘‘inactive which restates their position on the ‘‘we the people.’’ resolution to eliminate the EAC done Public financing gives the voice back voter lists,’’ and unlawful disenfran- in 2005, and again in 2010. Again on the to the middle class. The Election As- chisement of ex-offenders. To these fla- EAC, we have reports from different sistance Commission can help election grant tactics proponents of voter sup- agencies. We have an IG report criti- officials better the process for voters. pression have added more subtle ap- cizing the management practices of the Neither of these is perfect right now. proaches, including disinformation EAC. This report was done in March of We acknowledge that, but we should be campaigns and behind-the-scenes, 2010. improving rather than eliminating quiet—and unfair—purging of voter We have a report from the EAC’s fi- them. Throwing away what public fi- rolls. nancial records back in November of nancing we have, what financing Now we are presented with their lat- 2008 which I dealt with when I first got worked for every President from 1976 to est plan to deny certain Americans on the Committee on House Adminis- 2004 and making it harder to bring elec- their right to vote—the elimination of tration in early 2009. This report is an tion improvements together is a step in two programs whose sole aim is to en- audit of the Election Assistance Com- the wrong direction. sure that every American’s voice is mission fiscal year 2008 financial state- heard in our election. The Presidential ments. The records were so mis- b 1310 Election Campaign Fund and the Elec- managed, this agency that the other Rather than making it even harder tion Assistance Commission are in side wants to keep instead of trying to for the average voter to make a dif- need of strengthening, not elimination. make us more efficient, it was so bad ference, Congress should be improving They help make sure that all voices that the agency couldn’t be audited. access to democracy by expanding pub- can be heard and that all votes will be The records were too bad to tell them lic financing, assisting election offi- counted. I support improving these pro- how bad it was. So that lengthy report cials, and increasing voting opportuni- grams. is available to anyone who cares to ties for all Americans. But the only reason to want to elimi- read it. Our people are our strength, and we nate them is to further suppress votes. Then we have a report from the Of- have no business shutting them out. The votes are the same groups who fice of Special Counsel that was done in The supporters of this bill say it will were targeted by Jim Crow laws dec- 2009. The Office of Special Counsel save us money. But in fact, Mr. Speak- ades ago. The votes are the same talks about having to settle a political er, it will mean our democracy is up for groups who are now targeted by ‘‘inac- discrimination case. An agency that is sale. tive voter lists’’ and voter ID laws and

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.032 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8025 all of the other new tactics designed Let me remind my colleagues there is $1.5 trillion deficits and divert it to for a single goal—voter suppression. nothing more crucial to democracy what’s essentially political welfare for I urge my colleagues to defeat this than guaranteeing the integrity, the Presidential candidates—absolute bill and defeat yet another attempt to fairness, the accountability, the accu- waste of money. It’s so much a waste stop American citizens from voting. racy of elections. Democracy works that our President, who defends the Mr. HARPER. Mr. Speaker, I yield 2 only if the citizens believe it does. The system but chose not to participate in minutes to the gentleman from Wis- system must work, and the people the system—in 2008, he did not partici- consin (Mr. SENSENBRENNER). must believe in it; but voting shouldn’t pate, did not raise money this way, did Mr. SENSENBRENNER. Mr. Speak- be an act of blind faith. It should be an not do it during the public campaign, er, I can’t believe what I just heard act of record. actually broke precedent and, frankly, from my friend from Missouri. Doing The EAC helps maintain the integ- the commitment he had made earlier away with the Presidential Election rity of the American electoral process. in the campaign and just chose not to Campaign Fund is not a Jim Crow law. Too many people across the country do it. And that’s fine. That was his And I’ll put my record alongside his on have lost confidence in the legitimacy right. He was certainly more than ade- ensuring voting rights to minorities as of the election results. Dismantling the quately funded. His opponent, Senator the author of the latest extension of EAC would further erode that nec- Clinton, now Secretary Clinton, was the Voting Rights Act and one who got essary faith in the process. also adequately funded. She did not use the 1982 compromise passed and signed We’ve discussed several times—and the public financing system. The one into law by President Reagan. others have talked about it—if manipu- person who did, JOHN MCCAIN, was The Presidential Election Campaign lating the outcome of elections occurs, heavily outspent, although I don’t Fund was destroyed 3 years ago by how much easier will it be once the think that had much to do with his de- President and then-Candidate Barack EAC is eliminated. Millions of Ameri- Obama. He refused to be bound by its feat. cans are casting their votes now on I think, honestly, Americans know restrictions. Senator JOHN MCCAIN was. unauditable voting machines and the how to contribute to Presidential can- And he was put at a significant dis- results of most elections are not au- didates. They don’t need the Federal advantage in the general election cam- dited. Government letting them check off a paign by running against Candidate portion of their taxes and divert it for Obama, who rejected the Election Cam- b 1320 that purpose. paign Fund’s funds and raised huge and Eliminating the EAC would increase In addition, public participation in unlimited amounts of money. the risks that our electoral process Mr. CLAY. Will the gentleman yield? would be compromised by vote manipu- this system has declined radically. It’s Mr. SENSENBRENNER. I have a lim- lation, by targeted voter ID laws, by never reached even one-third of Amer- ited amount of time. If I have time left, voter system irregularities. Can we af- ican taxpayers that are willing to do I will be happy to yield. ford to take that risk? Certainly not. this—peaked at 28 percent, and in 2009 This year, so as not to disadvantage Do we want problems to go undetected? was down to 7 percent of American tax- themselves, none—that means none—of I would hope not. payers who chose to do it. the Republican primary candidates Less oversight, lesser standards, less So we’re not denying anybody the have signed up for Presidential Elec- transparency in reporting, less testing, ability to participate. We are giving tion Campaign Fund money. The fewer audience weakens our democ- very expensive welfare to Presidential Obama moneymaking machine is run- racy. Abolishing the EAC is the wrong candidates and to political parties at a ning all around the country. We see way to go. cost to the taxpayer when that cost this in the newspapers. We hear it on Mr. HARPER. Mr. Speaker, I yield 4 can’t be afforded. television. And because the campaign minutes to the gentleman from Okla- Two weeks ago, we had something fund would limit the amount of money homa (Mr. COLE), a distinguished mem- that occurred that honestly ought to that whoever the Republican nominee, ber of the Appropriations and Budget concern everybody on this floor. And I if they took these funds, could use in Committees, who also has been heavily don’t fault either party for it, but the order to spread his message on why involved in this matter as a cosponsor Democratic Party and the Republican Obama ought to be replaced by the vot- and also has done great work on trying Party both received $17 million for ers, we ought to just get rid of this to eliminate and bring to an end the their conventions from the Federal fund altogether. It was destroyed 3 Presidential Election Fund. Treasury of the United States; $17 mil- years ago by then-Candidate Obama. Mr. COLE. I thank the gentleman for lion for two political parties—actually, We might as well not spend any more yielding. 34 in total—to actually run their con- taxpayers’ funds on it. May it rest in The legislation before us actually ventions from the American taxpayer. peace. does three important things: First, it Who really believes that’s a needed ex- Mr. BRADY of Pennsylvania. Mr. eliminates an antiquated, outdated penditure? Each one of those parties— Speaker, I yield 2 minutes to the gen- system of public financing; second, it and I can tell you because I used to be tleman from New Jersey (Mr. HOLT). terminates an obsolete commission; the chief of staff of one of them—will Mr. HOLT. I thank the gentleman. and then finally, and not incidentally, spend over $100 million on its conven- Mr. Speaker, we already know that it actually saves money, something tion. They don’t require additional in 38 States there is introduced legisla- that we talk a lot about around here Federal help. It’s simply a waste of tion that would suppress the participa- but we very seldom actually do. time and a waste of money. tion and the votes of young, minority, When the Presidential Election Cam- As for the Election Assistance Com- and elderly voters. Now we see their al- paign Fund was actually created in mission—and I say this as a former sec- lies here in Congress who are trying to 1973, it was during the time before retary of State—this is a commission eliminate the only Federal agency things like Facebook, YouTube, and whose time has come and gone. What- charged with improving the conduct of Twitter. The widespread use of the ever good it did, it currently spends elections and making sure that every Internet did not exist. That’s no longer over 50 percent of its budget on admin- vote counts. If you like the direction of the case today. Today, it’s pretty easy istration, not on direct assistance to the State legislatures, you’re going to to actually contribute money to a the States. And the idea that State be thrilled by the legislation before us Presidential candidate if you want to governments and States who have been today to close the Election Assistance do it. I would advise anybody, regard- running elections for 200 years sud- Commission. less of their political persuasion, to denly need the Federal Government to The voter’s vote should be behind a simply type the name of the candidate tell them how to do it and spend this curtain of secrecy, but the process by that they like into the Internet and kind of money I think is just absurd. which registration and elections are wait and see what pops up, and they’re Frankly, the National Association of conducted should be transparent. If going to have an immediate oppor- Secretaries of State, which is the old- not, voters will cease to believe that tunity to donate to that individual. est public association of elected offi- the process is fair and that their vote There is no need to take public cials and appointed officials in the counts. money at a time that we’re running United States, has twice called for the

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.036 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8026 CONGRESSIONAL RECORD — HOUSE December 1, 2011 elimination of this. They don’t feel the bring transparency and accountability patching the AMT, and reauthorizing need for it. They certainly don’t see to our electoral system. And it has the FAA in time for families’ holiday that they’re getting any assistance worked remarkably well, being utilized travel. from it. in the general election by every Repub- I’m afraid such pleas are falling on So whatever good it played in the im- lican and Democratic Presidential deaf ears in this Chamber these days. mediate aftermath of the 2000 election nominee from 1976 through 2004 and by But we need to get to work on the peo- I think is now concluded. JOHN MCCAIN in 2008, although in re- ple’s business, not on this flawed bill The SPEAKER pro tempore. The cent years the need for modernization that threatens to allow big money to time of the gentleman has expired. has become evident. play an even larger role in our politics. Mr. HARPER. Mr. Speaker, I yield Perhaps the best example of this pro- Mr. HARPER. I reserve the balance the gentleman 1 additional minute. gram’s success is President Ronald of my time. Mr. COLE. I appreciate the gen- Reagan, who participated in Presi- Mr. BRADY of Pennsylvania. Mr. tleman for yielding. dential public financing in all three of Speaker, I yield 3 minutes to the gen- Without putting too fine a point on his Presidential campaigns—in 1976, tleman from Texas (Mr. GONZALEZ), a it, this is a system and this is a com- 1980, and 1984. The Reagan case illus- valued member of the House Adminis- mission that simply exists to solve trates the positive effects public fi- tration Committee. Mr. GONZALEZ. Mr. Speaker, I rise problems that aren’t problems. We nancing has had in both parties at both in opposition to this bill in its entirety have no problem funding Presidential the primary and the general election but especially to that provision which campaigns in the United States. stages. It illuminates the way in which attempts to eliminate the Election As- There’s plenty of money—probably too the system benefits candidates who much money—around. There doesn’t sistance Commission. challenge the party’s establishment. It I need to address a few points that need to be taxpayer money. Nor do po- also highlights the system’s focus on litical parties have a problem funding have been made by the proponents of small donations rather than big bucks this bill because I was there when this their conventions. They can do it from the large contributors. Note that themselves. Nor do we need a commis- original bill came up for consideration this is no free ride, no willy-nilly years ago, and I’ve been there for the sion whose purpose has now passed into spending program. Candidates must subsequent hearings in the committee history and whose entities it’s sup- seek the support of thousands of small of jurisdiction. posed to serve, the Secretaries of State donors during the primary to prove First of all, when it comes to the sec- around the country, have actually their viability, and only then do they retaries of state, they’ve been opposed asked us to abolish it. receive matching funds. to the creation of the Election Assist- So let’s just finally prove we can get Today one could wish, in light of the ance Commission from its very begin- rid of outmoded programs, end the ex- positive history of this program and ning. This is nothing new. Their re- penditures, and actually save the tax- prior Republican support, for a bipar- newal of opposition basically used a payers some money. And in doing so, I tisan effort to repair the system and form letter that didn’t even change the can assure everybody on the floor that restore its effectiveness. I don’t know 2006 date. The 2010 opposition letter ac- our democracy will remain healthy, of any policy that exemplifies the tually referred and still used the same our elections will be fair, and the maxim ‘‘mend it, don’t end it’’ better letter of previous years. American people, in their wisdom, will than this one. But the most important thing to figure out which candidate to con- Earlier this year, Congressman VAN point out is that secretaries of state tribute to if they choose to contribute HOLLEN and I reintroduced a bill that have multifaceted responsibilities and to any candidate at all. would do just that. It would modernize obligations. One of them is to conduct Mr. BRADY of Pennsylvania. Mr. the Presidential public financing sys- elections. But each one of us in this Speaker, I yield 4 minutes to the gen- tem and again make it an attractive body knows who really runs an elec- tleman from North Carolina (Mr. and viable option for Presidential can- tion, and it’s going to be your local PRICE). didates. Our bill would bring available election administrators. Mr. PRICE of North Carolina. Mr. funds into line with the increased cost You and I and anybody involved in Speaker, I rise for the third time this of campaigns, adjust the program to the electoral process knows that on year to oppose a measure that would the front-loaded primary calendar, and Election Day you’re not going to find summarily repeal our system of public enhance the role of small donors. The secretary of state personnel at the poll- funding for Presidential elections. bill has been carefully designed and de- ing places. When the ballots are mailed Once again, the House majority serves deliberation and debate. for absentee voting, you’re not going to seems intent on dismantling the few find anyone from the Secretary of b 1330 remaining safeguards we have left State’s Office. They’re not going to against the influence of special inter- Instead, we’re faced with yet another count the ballots. They’re not going to ests in politics following the Supreme Republican attempt to open the flood- be there. It is a local effort, and that’s Court’s Citizens United ruling. The fact gates for corporate cash and special in- what the Election Assistance Commis- that they are ostensibly bringing this terest influence to pour into our polit- sion is doing. bill forward as a deficit reduction ical system. It was never meant to have a life measure in order to pay for a bill to With confidence in government at span of 3 years. If you read the bill undermine workers’ rights is the rock bottom, and the perception of carefully, and Mr. HOYER, who will be height of cynicism. government corruption through the taking the floor later, will remind us of This bill before us today would de- roof, why is the majority trying to re- the legislative history of that par- stroy one of the most successful exam- turn us to the dark days of Watergate? ticular bill that created this commis- ples of reform that followed the Water- Let’s instead restore and improve our sion. gate scandal. Dare we forget what that public financing system and move on If we are to criticize them for an in- scandal was about? The Committee to to real solutions to put our Nation’s ordinate amount of their budget being Reelect the President, fueled by huge fiscal house in order. applied to personnel, then we must quantities of corporate cash, paying for Let’s not use valuable floor time to look in the mirror as Members of Con- criminal acts and otherwise subverting pass a bill that has no chance of be- gress, because I assure you, because I the American electoral system. coming law. The American people want also sit on a committee, obviously the The hallmark of the Federal Election us to get to work on important meas- same committee, that entertains the Campaign Act of 1974, enacted at a ures to revive the struggling economy budget requests of the different com- time when public confidence in govern- and put people back to work. So I urge mittees. Each one of those committees ment was dangerously low, was our the majority to heed that call. Get to and individual Members of Congress voluntary program of public financing work on passing appropriations bills, will tell you that they spend a greater for Presidential elections. To this day, fixing the Medicare physician reim- proportion of their budget on personnel this innovative reform stands as one of bursement, extending the payroll tax than the Election Assistance Commis- the greatest steps we have taken to cut and unemployment benefits, sion. And there’s good reason for it.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.038 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8027 It was never really intended to fully of fairness, justice, opportunity, or ne- important mission is unnecessary. Ev- fund every effort at the local level. It’s cessity. eryone, Mr. Speaker, should have full to give advice. That’s why I have re- EAC bureaucrats do not make elec- faith in our system of elections includ- ceived in the past, from local election tions fair. In fact, EAC makes them ing seniors, military members, minori- officials in Maryland, Texas, Florida, less fair by producing biased, inac- ties, and people with disabilities, and and Ohio—the local experience in curate reports on the state of elections that’s exactly what the Election As- Texas, in my county there, was that we in our Nation and offering rec- sistance Commission seeks to provide. saved $100,000 by the suggestions and ommendations based on these junk Mr. Speaker, we have precious little recommendations that were issued by studies. EAC bureaucrats do not en- time left before the end of this Con- the commission. franchise voters. States and individuals gressional session. Instead of consid- Lastly, you criticize the commission do that, as our Federal Constitution ering a bill that will only serve to for not functioning because it doesn’t dictates. erode America’s faith in our democ- have a full body of commissioners. But Giving unelected, unaccountable bu- racy, our time would be far better whose fault is that? It’s the individuals reaucrats in Washington more power spent rebuilding it by focusing on job on the other side of the aisle that have over elections does not lead to more creation, getting this economy back on blocked consideration. just election outcomes. If anything, it track. That reminds me. When I was a law- interferes with a just outcome because I urge my colleagues to oppose this yer, we used to have an old joke about these bureaucrats, many with an ideo- bill and turn our attention to legisla- the individual defendant who was there logical axe to grind, face little or no tion that will extend tax relief for fam- charged with murdering his parents, accountability for their actions, and ilies and small businesses, reduce un- and at the end of the trial goes before they know it. employment, and create greater eco- the jury and asks for mercy because Voting is fundamental to our system nomic stability. That is exactly what he’s an orphan. It is a self-fulfilling and the legitimacy of our government. my constituents expect from me, and prophecy. Ensuring qualified American citizens that’s exactly what the American peo- The SPEAKER pro tempore. The have an opportunity to vote is essen- ple expect from this Congress. time of the gentleman has expired. tial. The Constitution tasks the States b 1340 Mr. BRADY of Pennsylvania. I yield with execution and maintenance of the gentleman an additional 10 sec- elections, not Federal bureaucrats. Mr. HARPER. Mr. Speaker, I yield 3 onds. Like I said, Mr. Speaker, I believe minutes to the gentleman from Cali- Mr. GONZALEZ. If you want to help States do an excellent job. And by fornia (Mr. DANIEL E. LUNGREN), the your local election officials, vote ‘‘no’’ managing elections closest to the vot- distinguished chairman of the House on this bad bill. ers at the State and local level, we Administration Committee. Mr. HARPER. Mr. Speaker, I yield stand the best chance of ensuring op- Mr. DANIEL E. LUNGREN of Cali- 21⁄2 minutes to the gentleman from In- portunity for all and correcting injus- fornia. I thank the gentleman for yield- diana (Mr. ROKITA), who is a distin- tice if the opportunity to vote is denied ing. guished member of the Committee on or interfered with. Mr. Speaker, H.R. 3463 will eliminate House Administration, a former sec- Mr. BRADY of Pennsylvania. Mr. the Presidential Election Campaign retary of state for the State of Indiana, Speaker, I yield 2 minutes to the gen- Fund and the Election Assistance Com- and he has served as president of the tleman from Rhode Island (Mr. LAN- mission. That’s good news. The Amer- National Association of Secretaries of GEVIN). ican people have been asking this Con- State. (Mr. LANGEVIN asked and was given gress to get serious about spending, Mr. ROKITA. I thank the gentleman permission to revise and extend his re- begging us to take a critical look at for yielding time. marks.) government operations and get rid of Mr. Speaker, listening to the prior Mr. LANGEVIN. As a former sec- the dead weight. Mr. Speaker, if there comments, I can’t help but wonder if retary of state for the State of Rhode ever was a government program or a certain Members of this body can’t Island, and now a Member of the government agency that is ripe for the help but not do more than one thing at , I have serious cutting, it is the Presidential Election a time. But certainly, your secretaries concerns about this bill. Campaign Fund and Election Assist- of state and your local election offi- Mr. Speaker, voter participation is ance Commission. cials can multitask, and they do an ex- the cornerstone of our democracy and a The Election Campaign Fund is an cellent job of executing the States’ fundamental civic duty that empowers unused government program only sup- elections. every citizen to effect change within ported by a meager 7 percent of the I want to focus on the portion of the our society. Unfortunately, many indi- American people. In other words, 93 bill that eliminates the Election As- viduals with disabilities have been his- percent of the American taxpayers sistance Commission, Mr. Speaker. As torically shut out of the voting process have opted out of participating in this has been said, I have a unique perspec- due to lack of accessibility. That’s program. Candidates and nominees tive on this. In 2005, as Indiana’s sec- among my particular concerns with have routinely opted out of the system retary of state, and serving as the this bill. altogether. president of the National Association We have made impressive strides in In 2008 we know then-Candidate of Secretaries of State, I coauthored recent years to close that gap, and the Barack Obama declined public financ- the successful resolution that was Election Assistance Commission, es- ing in the general election. In 2012, it’s talked about earlier to dissolve the tablished under the Help America Vote expected that neither general election EAC after the 2006 election. As the old- Act, was an important part of that ef- candidate will participate in the pro- est organization of bipartisan elected fort. As a Member of Congress who gram, and no candidate has requested officials in the Nation, we at NASS re- lives with a disability, cofounded the eligibility thus far in the election newed the call to dissolve the commis- bipartisan Disabilities Caucus, and has cycle. sion in 2010. worked at both the State and Federal According to CBO, elimination of And, no, Mr. Speaker, I can assure levels to modernize and make acces- this program would save the American you, from the debates that we had in sible our voting systems, I find it un- taxpayers $447 million over the next 5 that organization, it was not a form conscionable that the Republican lead- years and return nearly $200 million to letter. It was not a form renewal. ership is considering this bill to abolish the public Treasury for deficit reduc- Furthermore, the vote for the re- the Election Assistance Commission, tion immediately. newal was 24–2, with 13 Republicans an agency whose fundamental mission I know some people think $500 mil- and 11 Democrats calling for its dis- is to promote security, accessibility, lion isn’t much. Where I come from, solution. This is not a partisan issue. and trust in our electoral process. that’s a lot. We can eliminate some- We recognized, on a bipartisan basis, Could the EAC use some reforms? thing that the American people have that the Election Assistance Commis- Yes. But the Republican solution of rejected by a vote of 93–7. It seems to sion cannot be justified on the grounds eliminating an agency with such an me to make sense.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.040 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8028 CONGRESSIONAL RECORD — HOUSE December 1, 2011 Mr. Speaker, in the last Congress, reiterate what the gentleman from agement overhead costs. Let’s elimi- the Committee on House Administra- Ohio said. nate this commission and support this tion held hearings on the issue of tax- We have too much private money in bill. payer financing of campaigns. And one the people’s House. We can’t get any- Mr. Speaker, following is my statement in its of our witnesses asked this question. thing done now because it somehow entirety: He said, if the voters are not willing to may affect what Wall Street is doing. I rise today in strong support of the com- pay for the program, then why should We had a China currency bill on the bined effort of my good friends, Mr. HARPER of it continue? floor last year, 350 votes, 99 Repub- Mississippi and Mr. COLE of Oklahoma, to re- As for the Election Assistance Com- licans. We can’t even get it up for a duce federal spending by ending the public fi- mission, this agency has been the sub- vote now in the House because Wall nancing of campaigns and conventions, and to ject of two hiring discrimination law- Street doesn’t want it. We’re in dire terminate the Election Assistance Commis- suits, spends over 50 percent of its straits with trying to balance our sion. budget on administrative costs, and is budget. As Presidential campaigns in this day and asking this Congress for $5.4 million to We need to ask people making more age have become increasingly expensive to manage programs totaling $3.5 million. than a million dollars a year to help us the tune of hundreds of millions of dollars, the In short, Mr. Speaker, this bill before close this gap so we can reinvest back idea of having taxpayers contribute matching us eliminates an unused government in our country. Nothing is happening funds to them has become ludicrous. Ending program, shuts down an obsolete gov- because Wall Street doesn’t want it. this practice would save $617 million over 10 ernment agency, saves the taxpayers We’ve got oil and gas still getting years and I commend Mr. COLE for his work $480 million over 5 years, and returns benefits when profits are going through to reduce spending. almost $200 million to the Treasury. the roof. We can’t close that loophole As far as Mr. HARPER’s efforts regarding the How could we not vote for it? because the oil and gas industry Election Assistance Commission, as a mem- Mr. BRADY of Pennsylvania. Mr. doesn’t want it closed. ber of the committee of jurisdiction over the Speaker, may I inquire how much time There is too much private money in EAC—the House Administration Committee—I we have. the people’s House. We need public have learned first-hand that this agency that The SPEAKER pro tempore. The gen- funding of elections. Let every citizen has outlived its usefulness and mismanaged tleman from Pennsylvania has 7 min- kick in fifty or a hundred bucks, and its resources—all while costing taxpayers mil- utes. The gentleman from Mississippi we run elections by letting people on lions of dollars a year. 1 2 the airwaves making these debates, has 2 ⁄ minutes. In the midst of our record levels of debt, we making these discussions having a lit- Mr. BRADY of Pennsylvania. Thank must scrutinize where every dollar of taxpayer tle bit of money to do it. you, Mr. Speaker. money is being spent to ensure we are allo- I yield 1 minute to the gentleman We’ve got to reform this country and cating these funds responsibly and delivering from Ohio (Mr. KUCINICH). set us on a path to prosperity. No won- the best possible value to our citizens. Mr. KUCINICH. I thank the gen- der we can’t invest in public education, Mr. Speaker, the Election Assistance Com- tleman. public health, public infrastructure, be- mission’s budget request for 2012 devoted After $5.3 billion was spent in the 2008 cause the private interests are running 51.7 percent of its budget to management and Federal elections, I never heard anyone the whole show here. utter a word that said the problem we Mr. HARPER. Mr. Speaker, I yield 1 overhead costs. It should be hard for anyone face today in Washington is that we minute to the gentleman from Georgia, to argue that an agency that spends $5.5 mil- lion dollars managing programs totaling $3.5 need more private money in politics. Dr. GINGREY, chairman of the Sub- Never has anyone said to me, I wish committee on Oversight of the House million dollars is a responsible use of taxpayer the super-rich had more influence over Administration Committee. funds. our government and elected officials, Mr. GINGREY of Georgia. Mr. Speak- The EAC has more than doubled in size— especially in campaigns for President er, maybe the President will listen to without an increase in its responsibilities— and Congress. the advice of the gentleman from Ohio since it was originally supposed to sunset in I never received a letter from a con- and sign up for public financing of his 2005. It is long past time, Mr. Speaker, that stituent that expressed a desire to get re-election effort. we allow government programs that have out- further away from one person-one vote But mainly I rise today in strong lived their usefulness to be shut down, rather and move closer to one corporation-one support of the combined efforts of my than maintain unnecessary and redundant lay- vote. What I have heard from my con- good friends, Mr. HARPER of Mississippi ers of bureaucracy. stituents is a deafening demand to get and Mr. COLE of Oklahoma, to reduce Eliminating this red tape would save Amer- money out of politics. This bill takes Federal spending by ending the public ican taxpayers $33 million dollars over five us in the opposite direction. financing of campaigns and conven- years, while at the same time preserving the We should be chasing the money- tions and to terminate this Election EAC’s necessary functions—voting system changers out of the people’s temple, Assistance Commission. testing and certification—at the Federal Elec- not turning our government into an As Presidential campaigns in this tion Commission, which can more efficiently auction house. This legislation is up- day and age are becoming increasingly handle these responsibilities. side down. expensive to the tune of billions of dol- Mr. Speaker, the National Association of Private financing of elections cor- lars, the idea of having taxpayers con- Secretaries of State—who are the direct bene- rodes our democracy. Private contribu- tribute matching funds to them has be- ficiaries of the EAC’s services—have them- tions of Federal elections must end. come ludicrous. selves called for the EAC’s dissolution. This Private financing equals government The end of this practice would save body should follow suit today. I urge all of my in the private interest. Public financ- $617 million over 10 years, and I com- colleagues to support this bill. ing—the hope of government in the mend the gentleman from Oklahoma Mr. BRADY of Pennsylvania. Mr. public interest. for his work to reduce spending. Speaker, I yield 3 minutes to the dis- We need to restore our democracy As far as the gentleman from Mis- tinguished Democratic whip, the gen- and end private contributions. We sissippi’s efforts regarding the Election tleman from Maryland (Mr. HOYER). shouldn’t have any contributions from System Commission, as a member of (Mr. HOYER asked and was given special interests. We need government the committee of jurisdiction over permission to revise and extend his re- of the people, by the people, and for the EAC, the House Administration Com- marks.) people returned to this government. mittee, I’ve learned firsthand that this Mr. HOYER. First of all, we ought to Mr. HARPER. I reserve the balance agency has outlived its usefulness, it’s be talking about jobs. The contention of my time. mismanaged its resources, all the while that this bill funds bills that are about Mr. BRADY of Pennsylvania. Mr. costing taxpayers, we the taxpayers, jobs is spurious, in my opinion; and no Speaker, I yield 1 minute to the gen- millions of dollars a year. , in my opinion, will assert tleman from Ohio (Mr. RYAN). Mr. Speaker, the Election Assistance that that is the fact. We ought to be Mr. RYAN of Ohio. Let me just take Commission budget request for 2012 de- dealing with jobs. this from 30,000 feet for a minute and voted 51.7 percent of its budget to man- But what are we dealing with?

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.042 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8029 Now, I know of what I speak, I tell the Judiciary Committee and a former However, election administrators on the the gentleman from Georgia. I under- judge, the gentleman from Texas (Mr. local level feel differently. stand. I was a Member of the House Ad- GOHMERT). Although it has been argued that the EAC ministration Committee for, I think, Mr. GOHMERT. Let’s cut to the has outlived its usefulness because the Help chase. This is a tax credit for people America Vote Act funding it oversees has some 15 years. I, along with Bob Ney, been exhausted, the EAC has become far was the sponsor of the Help America who want to contribute to the Presi- more than a distributor and auditor of Vote Act, which created the Election dent’s campaign fund. They’re told you money; the EAC is a repository and resource Assistance Commission. So I know can check this box and it doesn’t cost of election management procedures, per- something about the Election Assist- you anything. No, but it takes $40 mil- formance measures, election materials, and ance Commission. lion-plus a year away from the fund administrative knowledge. Effective designs It was created because in the year that could be used for other things, in- of polling place signage, webinars on topics 2000 we had a disastrous election which cluding for Social Security, and it such as contingency planning, minority lan- was resolved finally but not very ac- gives it to the President’s campaign guage glossaries of election terminology, ceptably by most people, whether your Quick Start Guide publications regarding fund. Developing an Audit Trail, Conducting a Re- candidate won or lost. So the Election I stand with our President, Barack count, and Acceptance Testing are all perti- Assistance Commission was created for Obama, on this issue, who found that nent reminders for veteran election officials the purpose, for the first time in his- that fund is worthless and that it’s an as well as critical learning tools for those of- tory, of having some Federal presence impediment to getting elected. So I ficials newly elected, appointed, or hired. in the oversight of Federal elections. stand with President Obama in saying The EAC is not without its issues. The Not mandatory, but advisory. let’s get rid of the fund and not use it agency’s Voting System Testing and Certifi- Now, what we see, frankly, through- anymore, and let the $200 million in cation program was slow to develop and con- out America in Republican-controlled that fund go to something helpful in- tinues to struggle to certify systems in a legislatures in many, many States is timely manner. As with many federal agen- stead of being an impediment to being cies greater efficiencies of operation should an effort to make voting more difficult elected President. be considered in order to more effectively to, in my opinion, suppress the vote, to Mr. BRADY of Pennsylvania. Mr. produce election materials at less cost to the require more and more documentation Speaker, I yield myself the balance of public. Also, as the EAC has grown so has its of people who have already registered my time. overhead costs and management size. These to vote and claiming problems that The Presidential campaign fund cur- areas should all be addressed through greater exist that do not exist. rently has over $190 million. Tens of Congressional oversight, not through elimi- nating the agency. b 1350 thousands of Americans put that money there. They wanted their money Ironically, proponents of the elimination Now, if you want to obfuscate the of the EAC would simply reassign the var- to go for this purpose. We would be election process, if you want to sup- ious function of the Commission to other fooling and deceiving our very own press the vote, if you want to make it more bureaucratic federal agencies such as citizens if we were to pass this bill. more difficult, what is one of the the Federal Election Commission (FEC). They put that money there to be able things you want to do? Claims that any savings would be realized by its elimination are specious at best. We see Eliminate the Election Assistance to have the small say that they can— with their $1 or $3 or whatever it may— no need to eliminate or dismantle the only Commission, whose responsibility it is federal resourc available to local election of- to advise and counsel on best practices and be able to say who they would want to support and put it towards ficials. to assure that every American not only The EAC has never been needed more than has the right to vote but is facilitated campaigns. We would be giving it back now. Election officials across Ohio and the in casting that vote and in making to the Treasury. They already put United States are doing more with less and sure that that vote is counted. That’s their money in the Treasury. This it’s only going to get worse. As budgets what the Election Assistance Commis- would be wrong, and we would be fool- tighten and voting equipment ages, the ing the American people. chances of another election disaster in- sion does. crease. Without the EAC’s help, another And what do they want to do with We would be telling them, We told you to check off a box and give us X Florida 2000 election may be inevitable, and the Election Assistance Commission’s Congress will have no one to blame but responsibility? Transfer it to the Fed- number of dollars for a campaign. Now we’re going to take $100 million of the itself. With a total operating budget of just eral Election Commission, whose sole under 18 million dollars the EAC would make responsibility is to oversee the flow of money we told you to check off to use up approximately half a percent of the total money into elections. They neither for that purpose, and we’re no longer federal operating budget: a small price to have the expertise nor, frankly, do going to use it for that purpose. pay for helping protect our democracy. If That’s wrong. It’s not right. It’s de- they have the time. They hardly have you think a good election costs a lot, you ceptive, which is why I urge a ‘‘no’’ should see how much a bad election costs. the time to do what they’re supposed vote on this bill. We urge you to reject these efforts as part to do right now. of the Super Committee review of federal OHIO ASSOCIATION OF Now, the Bush administration did spending. ELECTION OFFICIALS, not fund the Election Assistance Com- Respectfully submitted, OCTOBER 12, 2011. mission very robustly. Like every DALE FELLOWS, Hon. ROB PORTMAN, agency, it requires and should have Russell Senate Office Building, President, Ohio Asso- proper oversight, and should, in my DEAR SENATOR PORTMAN: We are writing ciation of Election view, be more vigorous in the carrying today regarding the possible elimination of Officials. out of its responsibilities. That is not, the US Election Assistance Commission LLYN MCCOY, (EAC) as part of the Super Committee’s rec- First Vice President, however, a reason for eliminating it. Ohio Association of The only reason for eliminating it is to ommendations for budget reductions. The EAC is an independent federal agency cre- Election Officials. make voting more obscure, with less ated in the wake of the 2000 election to help oversight and less assurance to our solve election related problems. The EAC STATE BOARD OF ELECTIONS, citizens that they not only have the provides assistance to election officials in Raleigh, NC, March 27, 2011. right to vote but that a vote will be the form of best practices, guidance, and the Chairman GREGG HARPER, cast and counted correctly. testing and certification of voting systems. Committee on House Administration, Sub- Mr. HARPER. Mr. Speaker, may I in- Basically, the EAC provides an outlet and committee on Elections, Washington, DC. quire as to the time remaining on both open forum for election officials to share Ranking Member ROBERT BRADY, their experiences, consider alternatives, de- Committee on House Administration, sides. Washington, DC. The SPEAKER pro tempore. The gen- liberate their outcomes, and establish con- tinuity of process, thus strengthening our Re H.R. 672. tleman from Mississippi has 11⁄2 min- democracy by helping election officials to do GENTLEMEN: As with any governmental utes remaining, and the gentleman their job well. However, if Congress has its agency, commission, department or other en- 1 from Pennsylvania has 2 ⁄2 minutes re- way, the EAC may not provide these services tity, methods of improving efficiency, maining. much longer. There has been movement in streamlining procedures, and modernizing Mr. HARPER. Mr. Speaker, I yield 1 the House to eliminate the agency since last responsiveness should all be considered to minute to a distinguished member of year, labeling it ‘‘wasteful’’ and ‘‘unneeded.’’ maintain viability for constituents. These

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.044 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8030 CONGRESSIONAL RECORD — HOUSE December 1, 2011 studies would be beneficial for the Election communications tools are an integral facet tinuity of process thus strengthening our de- Assistance Commission. However, I strongly of the way election administrators must mocracy by helping election officials to do oppose H.R. 672. Termination of this Com- interface with the American public in this their job well. However, if some members of mission is not in the best interests of the rapidly changing technological world. With- Congress have their way, the EAC may not elections process. The EAC serves a vital out dedicated resources for the public broad- provide these services much longer. There role in the conduct of Federal elections as casting of election information and news, the has been movement in the House to elimi- well as the smallest municipal election. Dur- elections process will become less trans- nate the agency since last year, labeling it ing an election, information sharing is parent and voters will become less aware of ‘‘wasteful’’ and ‘‘unneeded.’’ However, elec- vital—from clerical administration to public processes, procedures and laws. tion administrators on the local level feel communication. The EAC can serve as a Another facet of the elections process in differently. clearinghouse of information so that local North Carolina is the concept of the Although it has been argued that the EAC jurisdictions receive real-time, necessary ‘‘Wellness Check.’’ Wellness Checks are au- has outlived its usefulness because the Help data during the conduct of a Federal elec- dits of our county boards of elections, serv- America Vote Act funding it oversees has tion. ing as preventative maintenance to keep been exhausted, the EAC has become far North Carolina adopted uniform proce- things on the right track and identify prob- more than a distributor and auditor of dures and forms for Elections Administra- lems before they manifest. Results are avail- money; the EAC is a repository and resource tion while still allowing for local input and able for public inspection, with the goal of of election management procedures, per- decision-making that fits individual jurisdic- further increasing voter confidence in elec- formance measures, election materials, and tions. Many of the problems Federal elec- tions. This concept could become a function administrative knowledge. Effective designs tions in the United States face can be traced of the EAC, be carried into other aspects of of polling place signage, webinars on topics to a lack of consistency and efficiency. The elections, and could further strengthen the such as contingency planning, minority lan- Election Assistance Commission (EAC) is the integrity of and faith in the national elec- guage glossaries of election terminology, Agency that can provide that needed consist- tions process. Quick Start Guide publications regarding ency and broad guidance. In fact, in its short Although elections are the responsibility Developing an Audit Trail, Conducting a Re- history, the EAC already has adopted stand- of the States and of local jurisdictions, they count, Acceptance Testing are all pertinent ards for voting systems that can allow for are mandated by Federal law. Congress needs reminders for veteran election officials as nationwide uniformity. Elections jurisdic- to do its part to ensure the Federal govern- well as critical learning tools for those offi- tions may use those standards as a baseline ment adequately and appropriately contrib- cials newly elected, appointed, or hired. when choosing voting systems and vendors. utes to local responsibilities. The EAC is an The EAC has never been needed more than One of the most disturbing trends occur- excellent way in which Congress may mani- now. Election officials across the United ring in the field of elections is the rapid fest its support. Reassigning these respon- States are doing more with less and it’s only of commission officials, board sibilities to other, already strained entities going to get worse. As budgets tighten and members and elections staff. Although elec- will diminish the modernization progress ac- voting equipment ages, the chances of an- tions comprise a mere fraction of a percent complished during the first decade of the other disaster increase. Without the EAC’s of total budgets, the elections budgets are twenty-first century. help, another Florida 2000 election may be continually cut and reduced. Already under- One of the greatest gifts Congress could inevitable, and Congress will have no one to staffed, we are reaching a point of compro- give to the nation is its continued support blame but itself. With a total operating mising our ability to adequately perform and investment into the elections mod- budget of just under 18 million dollars the necessary duties. The EAC is essential, fill- ernization process. By stewarding and tend- EAC would make up approximately half a ing a vital role when a local jurisdiction does ing the process begun in the earlier years of percent of the total federal operating budget: not have the personnel or equipment to con- this decade, Congress can guarantee that all a small price to pay for helping protect our duct an election without assistance. jurisdictions; large, small and somewhere in- democracy. If you think a good election Even more important is the status of vot- between, are equally equipped to handle the costs a lot, you should see how much a bad ing systems and equipment. By transferring future of elections; that each has modern election costs. the certification of voting systems to the and certified equipment; and that the re- We speak out in opposition to the dissolu- National Institute of Standards and Tech- sources are available so that every qualified tion of the EAC and the distribution of the nology (NIST) and the Voluntary Voting voter in America has the same access to and remaining functions to the Federal Election System Standards to the Federal Election confidence in the elections process. Commission. Commission (FEC), the very real possibility Respectfully, I ask that you reconsider the Respectfully submitted for your consider- emerges that there will be no communica- submission of H.R. 672. My opposition to this ation by the Election Officials of Arizona. tion or compatibility between the two ef- legislation has been articulated herein. forts. This could lead to an impasse. Much I yield back the balance of my time. Please do not hesitate to contact me should Mr. HARPER. Mr. Speaker, it has progress has been made in the struggle to up- you have any questions or require further lift voting equipment standards. The signifi- commentary. been said that we haven’t done any- cant work done by the EAC will be lost Yours sincerely, thing about jobs. Here we have a card amongst the myriad other NIST responsibil- GARY O. BARTLETT, that lists 25 different bills that we’ve ities. Executive Director. passed which help manufacturing, the Additionally, the FEC is already overbur- dened, understaffed, and currently does not economy, energy—bills that are going ELECTION OFFICIALS OF ARIZONA, handle any aspect of election administra- to be great job creators. Yet the com- October 14, 2011. tion. How can the FEC effectively advise plaint has been that the EAC is not The Next 2000 Election May be Just Around state and local officials or provide the nec- dealing with those issues. the Corner essary support and guidelines needed for full Members on the other side of the Honorable Members of Congress voter confidence in the elections process? Representing the Great State of Arizona. aisle who said that this is not appro- Piling more responsibility on an already en- priate and that it’s going to disenfran- Is another 2000 election disaster lurking? cumbered agency will only lessen its efficacy chise voters should remember they all and will do a disservice to taxpayers. At this point it may not be a question of Perhaps a focus of this legislation should when, but rather a question of where. While voted for this in 2002 when it had its 3- be to address keeping both the EAC and the pundits, newspapers and politicians debate year provision to sunset after that. So FEC fully staffed with Commissioners so issues like voter ID and early voting, elec- I think that argument will not fail. In that each Agency has the ability to function tion administrators across the country are addition, the EAC has no regulatory or at full capacity, providing much-needed worrying about the issues that will directly enforcement authority. guidance to election administrators while impact an election. The number one issue Mr. Speaker, I urge my colleagues to also judiciously stewarding taxpayer dollars. facing election officials today is limited and support this important legislation, and ever-shrinking budgets combined with aging As H.R. 672 is written, there is no provision I yield back the balance of my time. for the election community to provide input equipment, technology, and workers. to either NIST or the FEC. This participa- Direction on how to address these concerns Ms. RICHARDSON. Mr. Speaker, I rise tion and dialogue is critical to make sure exists . . . for now. The Election Assistance today in strong opposition to H.R. 3463, which that all future voting systems truly meet Commission (EAC) is an independent federal simply combines two bills, H.R. 672 and H.R. the needs of the voter as well as the require- agency created in the wake of the 2000 elec- 359, previously considered during this Con- ments and limitations of poll workers. tion to help solve these problems. The EAC gress. I opposed those bills then and I oppose The EAC has amassed the most com- provides assistance to election officials in them now. Terminating the Election Assist- prehensive public elections library in the the form of best practices, guidance, and the country. Their website is a wonderful tool testing and certification of voting systems. ance commission and the Presidential Election for both elections officials and the general Basically, the EAC provides an outlet and Campaign Fund, is a worse idea and a greater public. Similarly, North Carolina’s award- open forum for election officials to share waste of precious legislative time today than winning website has been heralded as an in- their experiences, consider alternatives, de- they were when the Republican majority first valuable resource for our citizens. These liberate their outcomes, and establish con- brought these bills to the floor earlier this year.

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A01DE7.033 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8031 Mr. Speaker, since its creation, the Federal interest only to the Tea Party. H.R. 3463 is tax forms, more than 10 million of our fellow Election Commission has served the valuable unnecessary and a diversion from addressing Americans have made their intentions explic- purpose of preserving the voting and civil the real challenge facing our country. There- itly clear. The Presidential Election Campaign rights of our citizens which was born out of the fore, I strongly oppose H.R. 3463 and I would Fund exists because individual Americans ex- scandal know as Watergate. The Presidential urge my colleagues to join me in defeating this pressly opted to dedicate a portion of their Election Campaign Fund succeeds in its pur- misguided and reckless legislation that puts taxes to that purpose. pose of leveling the playing field when it the integrity of our election systems, and pub- In January, House Republicans voted to ig- comes to corporate versus public funding of lic confidence in campaign financing at risk. nore the explicit intentions of the American campaigns. By terminating taxpayer financing Mr. WAXMAN. Mr. Speaker, the last thing people and eliminate the Presidential Election of presidential election campaigns and party we need to do in this House as this legislative Campaign Fund. Thankfully, the Senate heard conventions, the Republican majority seeks to year draws to a close is to further the cor- Americans’ call and killed the bill. And this permanently tilt the playing field in favor of rupting influence of special interest money in year, millions of Americans again checked the special interest groups and corporate money presidential campaigns. But this is what the box on their tax forms for calendar year 2010, at the expense of the public interest. Republican leadership is determined to do. once again, explicitly telling the government Presidential campaigns are currently funded Last January, the House Republicans stam- how they wanted their taxes spent. through the voluntary $3 check-off on income peded one part of this bill through the Ironically, our Republican colleagues cite tax returns. Given the size of the deficit and House—provisions that terminate the system their own YouCut website as a representative the national debt, the amount of money saving of public funding of presidential campaigns site, with at most, a few hundred thousand fol- by terminating taxpayer financing is de mini- that was established in the wake of the infa- lowers. They disdain 10 million citizens but re- mis—less than $1 billion—but will achieve a mous Watergate scandals, under Richard Nix- vere the few. This is selective representation goal long sought by conservatives who have on’s presidency, nearly 40 years ago. It’s not in its most rawest and worst form. never believed that public financing of cam- enough to pass this bill once—the Repub- The bill before us today, H.R. 3463, will paigns is a permissible use of federal reve- licans insist we pass it again today. It is not faith with the American people by ignor- nues. enough that virtually unlimited amounts of pri- ing their direction. Mr. Speaker, I urge my col- The Election Assistance Commission is vate money can now slosh through our polit- leagues to join me in defending the will of charged with developing standards for voting ical system—over $280 million last year alone, American taxpayers by opposing this bill. systems, advising and counseling on best vot- thanks to the Citizens United decision by the Mr. HOYER. Mr. Speaker, while the Repub- ing practices, assuring that every American Supreme Court last year—we have to pass a lican sponsors of the two bills before us con- has the right to vote, as well as to facilitate bill that asphyxiates the supply of public tend they will create jobs, their claim is spu- such vote, and to make sure that every single money in our presidential campaigns. rious. have told us again and vote is counted. The precedent-setting work of The Republicans are also practicing gross again that easing regulations has a negligible the Election Assistance Commission has been hypocrisy. While this bill ends public financing effect on job creation. The only thing these recognized by nations around the world. The of presidential campaigns, the Republican bills will do is make it harder for federal agen- Election Assistance Commission has also Party is seeking $18 million in public funding cies to protect Americans through safety played a central role in improving the accessi- to support their nominating convention next standards and environmental protections. bility of voting for the country’s more than 37 year. One of the bills adds 35 pages to what is million voters with disabilities. Everyone knows that this bill is dead on ar- currently a 45 page law, and is likely to add Let us not forget that the Election Assist- rival in the Senate and would be vetoed by the 21 to 39 months to the rulemaking process. ance Commission was borne out of the 2000 President—because it is a corruption of good Agencies will be tied in knots and leave busi- presidential election fiasco with its unforget- government. But that does not impede the Re- nesses without the certainty they need. table contributions to the political lexicon: publican leadership in the House today. Rath- To pay for this expansion of the federal reg- ‘‘hanging’’ chads, ‘‘pregnant’’ chads, ‘‘dimpled’’ er than work with us on real legislation that ulatory process, Republicans would have us chads; ‘‘butterfly ballots’’; and ‘‘voter intent.’’ would deliver real jobs, real investment and eliminate the Election Assistance Commission. In response to the 2000 debacle, the Elec- real growth to the American economy, the I was proud to be one of the authors of the tion Assistance Commission has performed House Republicans would rather waste our Help America Vote Act, which established the valuable work to ensure the reliability and time and continue to deliver nothing to the EAC in order to fix the flawed system that led trustworthiness of our nation’s election sys- American people. to the electoral debacle of 2000. It passed tems. It has played a central role in collecting To treat our democracy so cavalierly is dis- with a strong bipartisan vote of 357–48. The accurate and comparable election data. With graceful; to persist in policies that, should they Commission’s sole purpose is to provide our nation’s complex and diversified election ever become law, will result in the complete states with the resources they need to ensure administration system, central data collection privatization of the political process by monied everyone eligible to vote can cast their ballots is essential if we are going to improve our citi- special interests, is shameful. and have them counted. We cannot risk hav- zens’ trust and confidence in election results. The other part of this bill would eliminate the ing our elections determined by ‘‘hanging The Election Assistance Commission develops Election Assistance Commission, which was chads.’’ and fosters the training and organization of established in the wake of the 2000 election Instead of trying to erode our ability to pro- our nation’s more than 8,000 election adminis- debacle in Florida. Its mission is to ensure that tect voters, and instead of promoting regu- trators. elections are conducted properly, with assist- latory bills that will not put Americans back to Mr. Speaker, every vote counts—and every ance that promotes voter registration, trained work, Republicans should join with Democrats vote should be counted—and that is why we poll workers, and access to the polls by dis- to pass real jobs legislation. Democrats have must preserve the Election Assistance Com- abled Americans. There is no justification for two plans on the table to create jobs and grow mission and oppose this legislation. terminating this small agency, which helps en- our economy—the President’s American Jobs It is also important to note that abolishing sure our democracy works as intended. Act and our Make It In America plan. We the Election Assistance Commission will not The American people, and our democratic should be debating and voting on those. save taxpayers money, but rather simply shift processes, deserve far better than this legisla- I strongly urge the defeat of these bills and costs to the Federal Election Commission, tion in the House today. hope Republicans will finally set partisanship FEC, and local governments. The FEC is not Mr. CONNOLLY of Virginia. Mr. Speaker, aside and work with us to help businesses an agency that can make decisions in a timely once again, this House is taking up a proposal hire workers and to invest in our economy’s and responsive fashion due to its partisan divi- that represents a direct attack on the will of future. sions. Consequently, transferring the functions the American people. Ms. PELOSI. Mr. Speaker, I come to the performed by the Election Assistance Com- Public financing for Presidential elections, House floor today to reaffirm a fundamental mission to the FEC is inconsistent with the na- which began in the 1970s, is one of the few value of our democracy: elections must be de- tional interest in ensuring election integrity, im- opportunities where Americans are allowed to cided by the American people, not the special proving voter access to the polls, and enhanc- specify how they want their tax dollars spent. interests. I come to the floor to defend the ing the quality of election systems. As Members of Congress, we are charged right of American citizens to vote in every Mr. Speaker, the American people elected with representing the interests of our constitu- election. I come to the floor on behalf of clean us to work on their priorities and real prob- ents. In this particular instance, however, we campaigns. lems, like the lack of jobs. They do not want know precisely what the American people Republicans, instead, have brought to the us to waste time on inconsequential matters of want. By voluntarily checking this box on their floor legislation that would both diminish the

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A01DE7.021 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8032 CONGRESSIONAL RECORD — HOUSE December 1, 2011 voting rights of Americans and shift control of The question is on the engrossment vote and cast ballots in elections for Federal our elections into the hands of secret cor- and third reading of the bill. office, including the Uniformed and Overseas porate donors. Once again, Republicans The bill was ordered to be engrossed Citizens Absentee Voting Act. refuse to focus on creating jobs and strength- and read a third time, and was read the (5) Any other provision of law relating to the protection of the right of citizens of the ening the economy for middle-class Ameri- third time. United States to vote in elections for Fed- cans, the 99 percent, but are instead pursuing Pursuant to clause 1(c) of rule XIX, eral office, including the Voting Rights Act a narrow agenda to benefit special interests, further consideration of H.R. 3463 is of 1965. the 1 percent. postponed. The SPEAKER pro tempore. Pursu- Last year, the Supreme Court overturned RECESS ant to the rule, the gentleman from decades of precedent in a court case called The SPEAKER pro tempore. Pursu- Georgia is recognized for 5 minutes in the Citizens United case. Their decision has ant to clause 12(a) of rule I, the Chair support of his motion. undermined our democracy and empowered declares the House in recess for a pe- Mr. BISHOP of Georgia. Mr. Speaker the powerful by opening the floodgates to big, riod of less than 15 minutes. and my colleagues, I offer the final secret money, resulting in a corporate take- Accordingly (at 1 o’clock and 56 min- amendment of the bill which, if adopt- over of our elections. utes p.m.), the House stood in recess As a result, the Democratic majority in the ed, will not kill the bill or send it back subject to the call of the Chair. Congress, working with President Obama, cre- to committee. Instead, the bill will ated the DISCLOSE Act. It would restore b 1405 proceed to final passage, as amended. The purpose of my amendment is sim- transparency and accountability to federal AFTER RECESS campaigns, and ensure that Americans know ple. It deals with one of my most valu- The recess having expired, the House able rights as an American citizen. who is behind political advertisements. was called to order by the Speaker pro Democrats in the House passed the DIS- It is a right which many Americans tempore (Mr. DENHAM) at 2 o’clock and CLOSE Act, but Senate Republicans blocked throughout the course of our history 5 minutes p.m. have shared blood, sweat, and tears to its progress. The SPEAKER pro tempore. Pursu- As a result, secret dollars are flowing into protect, including our colleague and ant to clause 1(c) of rule XIX, further campaigns that represent the interests of the my dear friend, Representative JOHN consideration of the bill (H.R. 3463) to 1 percent—not the urgent national interest—to LEWIS of Georgia. He marched from create jobs. Indeed, special-interest groups reduce Federal spending and the deficit Selma to Montgomery and endured spent tens of millions of dollars more in 2010 by terminating taxpayer financing of billy clubs, horses, and tear gas to pre- than any previous election cycle. presidential election campaigns and serve this sacred right. Today, Republicans want to take it another party conventions and by terminating The right to which I’m referring is step further. The anti-reform legislation we de- the Election Assistance Commission, the right to vote, as enshrined in the bate today strengthens the role of foreign- will now resume. 14th Amendment to the Constitution owned entities and large corporations in fund- The Clerk read the title of the bill. and further protected in the landmark ing political campaigns by eliminating the MOTION TO RECOMMIT Voting Rights Act of 1965 and the Help Presidential Election Fund. For nearly 30 Mr. BISHOP of Georgia. Mr. Speaker, America Vote Act of 2002 and various years, the Fund has promoted small campaign I have a motion to recommit at the other measures. donations and disclosure. It should be desk. Today, nearly five decades after the strengthened and reformed, not eliminated. The SPEAKER pro tempore. Is the Voting Rights Act was signed into law Likewise, the legislation also eliminates the gentleman opposed to the bill? and nearly 10 years since the Help Election Assistance Commission, which was Mr. BISHOP of Georgia. I am in its America Vote Act, there is still an un- created in the aftermath of 2000 elections. present form. precedented attack on voting rights in The EAC should also be strengthened, espe- The SPEAKER pro tempore. The States across this country. cially as states across the nation are taking Clerk will report the motion to recom- Yet, the underlying legislation before active efforts to enact partisan measures to mit. the House today would abolish one of disenfranchise the rights of American voters. The Clerk read as follows: the key provisions of the Help America According to the Brennan Center for Justice Mr. Bishop of Georgia moves to recommit Vote Act, the Election Assistance Com- at NYU: since the 2010 elections, almost 34 the bill H.R. 3463 to the Committee on House mission, which was designed to avoid a states have introduced voting legislation in Administration with instructions to report repeat of the turmoil surrounding the 2011 that significantly impacts access to vot- the same back to the House forthwith with 2000 Presidential election in Florida, ing. These laws have the potential of elimi- the following amendment: where problems with absentee and Add at the end the following new section: nating or making voting harder for more than military ballots played a large role and 5 million Americans—harming millions of mi- SEC. 207. PROTECTIONS FOR ELDERLY, DIS- ABLED, AND MILITARY VOTERS. led to many of these ballots not being norities, and hindering the rights of seniors, Notwithstanding any provision of this Act counted. students, and low income voters. or any amendment made by this Act, to the If the commission is abolished, it will This legislation is opposed by a broad range extent that the Election Assistance Commis- undermine America’s faith in the in- of good government organizations, from the sion is responsible for the administration or tegrity of our elections. According to League of Women Voters, to Americans for enforcement of any of the following provi- the Brennan Center for Justice, more Campaign Reform, to Democracy 21, and U.S. sions of law as of the Commission termi- than 5 million Americans in 2012 could PIRG. In a letter, they have warned against a nation date described in section 1004(a) of the be adversely impacted by laws that Help America Vote Act of 2002 (as added by 2012 presidential campaign ‘‘being dominated tighten or restrict voting that were put by bundlers, big donors, Super PACs, can- section 201(a)), any successor to the Commis- sion shall remain responsible for the admin- into effect just this year. The number didate-specific Super PACs, secret contribu- istration or enforcement of such provisions is larger than the margin of victory in tions and the like.’’ after such date: two of the last Presidential elections. Further, polls have found that more than 70 (1) Any provision of law relating to the Seniors, the disabled, and our Na- percent of the American people support the rights of the elderly to vote and cast ballots tion’s veterans are now being turned continuation of the presidential public financing in elections for Federal office. away from the polls for not having the system. (2) Any provision of law relating to the photo identification. Popular reforms In our democracy, voters determine the out- rights of the elderly and other individuals like early voting and same-day voter come of our elections—not special interests. who are registered to vote in elections for registration are being rolled back. I urge my colleagues to oppose this effort to Federal office to obtain absentee ballots in further empower the special interests—the 1 such elections. b 1410 percent—in American elections—and to pro- (3) Any provision of law relating to the ac- cess of the elderly, the disabled, and other tect the right to vote for all Americans. Mr. Speaker, this situation should individuals to polling places in elections for not be happening in the United States The SPEAKER pro tempore. All time Federal office, including the Americans with for debate has expired. Disabilities Act of 1990. of America today. Pursuant to House Resolution 477, (4) Any provision of law relating to the My final amendment, therefore, is the previous question is ordered on the protection of the rights of members of the simple. It states that any successor to bill. uniformed services and overseas citizens to the Election Assistance Commission

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.036 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8033 shall remain responsible for the admin- Mr. HARPER. Mr. Speaker, I am Johnson (GA) Moore Schakowsky istration or enforcement of laws relat- amazed that an argument could be Johnson, E. B. Moran Schiff Jones Murphy (CT) Schrader ing to the rights of the elderly, the dis- made that in any way the elimination Kaptur Nadler Schwartz abled, members of the uniformed serv- of the EAC would result in Keating Napolitano Scott (VA) ices, and overseas citizens to vote and disenfranchising any voter. We all be- Kildee Neal Scott, David cast ballots in elections for Federal of- Kind Olver Serrano lieve that every person who should Kissell Owens fice. Sewell vote, that needs to vote, that’s allowed Kucinich Pallone Sherman In signing the Voting Rights Act of Langevin Pascrell to vote, that wants to vote should be Shuler Larsen (WA) Pastor (AZ) 1965, President Lyndon Johnson said allowed to do so. Sires that ‘‘the vote is the most powerful in- Larson (CT) Payne I would like to point out that all of Lee (CA) Pelosi Slaughter strument ever devised by man for those that are speaking in opposition Levin Perlmutter Smith (WA) Speier breaking down injustice and destroying that were here in 2002 when HAVA Lewis (GA) Peters the terrible walls which imprison men Lipinski Peterson Stark passed voted for HAVA. And in HAVA, Sutton because they are different from other Loebsack Pingree (ME) it contained the provision that created Lofgren, Zoe Polis Thompson (CA) men.’’ the EAC, which was only supposed to Lowey Price (NC) Thompson (MS) If this final amendment is approved, ´ last for 3 years. This is not a com- Lujan Quigley Tierney we can continue to tear down the walls Lynch Rahall Tonko of injustice and ensure that our democ- plicated lift to do away with this. Does Maloney Rangel Towns Markey Reyes racy is open for all Americans to delib- that mean when they voted for this in Tsongas 2002 that they were trying to disenfran- Matheson Richardson Van Hollen erate, to participate, and to engage Matsui Richmond chise voters? Obviously not. In no way Vela´ zquez with each other. McCarthy (NY) Ross (AR) Visclosky I urge my colleagues to vote ‘‘yes,’’ is this intended to do anything but McCollum Rothman (NJ) Walz (MN) McDermott clean up an agency that has an average Roybal-Allard Wasserman and I yield the balance of my time to McGovern Ruppersberger Schultz my colleague, Representative MARCIA employee salary of $106,000 a year, has McIntyre Rush Waters FUDGE of Ohio. been sued for political discrimination, McNerney Ryan (OH) problems with the military, an agency Meeks Sa´ nchez, Linda Watt Ms. FUDGE. I thank the gentleman Welch that cannot be corrected but needs to Michaud T. for yielding. Miller (NC) Sanchez, Loretta Wilson (FL) Mr. Speaker and my colleagues, there be eliminated. Miller, George Sarbanes Yarmuth is no doubt that a concerted voter sup- I urge my colleagues to vote against pression effort is under way in this Na- this motion to recommit and to sup- NAYS—236 tion. Abolishing the Election Assist- port this bill. Adams Fincher Latham ance Commission, an agency charged I yield back the balance of my time. Aderholt Fitzpatrick LaTourette with ensuring that the vote of every Akin Flake Latta The SPEAKER pro tempore. Without Alexander Fleischmann Lewis (CA) American counts, is just another step objection, the previous question is or- Amash Fleming LoBiondo in the voter suppression effort and dered on the motion to recommit. Amodei Flores Long would completely remove oversight of There was no objection. Austria Forbes Lucas the most important process in our de- Bachus Fortenberry Luetkemeyer The SPEAKER pro tempore. The Barletta Foxx Lummis mocracy. question is on the motion to recommit. Bartlett Franks (AZ) Lungren, Daniel Does it make sense to remove over- Barton (TX) Frelinghuysen E. sight at a time when Republican-led The question was taken; and the Bass (NH) Gallegly Mack legislatures across this Nation are Speaker pro tempore announced that Benishek Gardner Manzullo the noes appeared to have it. Berg Garrett Marchant passing laws to obstruct voting? No, it Biggert Gerlach Marino absolutely does not. Mr. BISHOP of Georgia. Mr. Speaker, Bilbray Gibbs McCarthy (CA) In the first three quarters of 2011, 19 on that I demand the yeas and nays. Bilirakis Gibson McCaul new State laws and two executive ac- The yeas and nays were ordered. Bishop (UT) Gingrey (GA) McClintock Black Gohmert McCotter tions were enacted to limit the ability The SPEAKER pro tempore. Pursu- Blackburn Goodlatte McHenry of American citizens to vote. They ant to clause 9 of rule XX, the Chair Bonner Gosar McKeon would make it significantly harder for will reduce to 5 minutes the minimum Bono Mack Gowdy McKinley more than 5 million eligible voters to time for any electronic vote on the Boustany Granger McMorris Brady (TX) Graves (GA) Rodgers cast ballots in 2012. question of passage. Brooks Graves (MO) Meehan Many of the bills, including one The vote was taken by electronic de- Broun (GA) Griffin (AR) Mica signed into law in my home State of vice, and there were—yeas 190, nays Buchanan Griffith (VA) Miller (FL) Ohio, include the most drastic voter re- 236, not voting 7, as follows: Bucshon Grimm Miller (MI) strictions since before the Voting Buerkle Guinta Miller, Gary [Roll No. 872] Burgess Guthrie Mulvaney Rights Act of 1965. Burton (IN) Hall Murphy (PA) Seniors will be denied their right to YEAS—190 Calvert Hanna Myrick the franchise, and the disabled will find Ackerman Clarke (NY) Farr Camp Harper Neugebauer it more difficult to vote. Minorities Altmire Clay Fattah Campbell Harris Noem Andrews Cleaver Filner Canseco Hastings (WA) Nugent and students will face more challenges Baca Clyburn Frank (MA) Cantor Hayworth Nunes than ever before. Soldiers honorably Baldwin Cohen Fudge Capito Heck Nunnelee serving our country will be left with Barrow Connolly (VA) Garamendi Carter Hensarling Olson their absentee ballots uncounted. And Bass (CA) Conyers Gonzalez Cassidy Herger Palazzo Becerra Cooper Green, Al Chabot Herrera Beutler Paulsen let’s not forget the people who died for Berkley Costa Green, Gene Chaffetz Huelskamp Pearce our right to vote. People were slain to Berman Costello Grijalva Coble Huizenga (MI) Pence create the rights we enjoy today. Bishop (GA) Courtney Gutierrez Coffman (CO) Hultgren Petri This determined effort is really about Bishop (NY) Critz Hahn Cole Hunter Pitts Blumenauer Crowley Hanabusa Conaway Hurt Platts targeting a specific population of eligi- Boren Cuellar Hastings (FL) Cravaack Issa Poe (TX) ble voters to change the outcome of the Boswell Cummings Heinrich Crawford Jenkins Pompeo 2012 elections. Plain and simple, H.R. Brady (PA) Davis (CA) Higgins Crenshaw Johnson (IL) Posey Braley (IA) Davis (IL) Himes Culberson Johnson (OH) Price (GA) 3463 is yet another voter suppression Brown (FL) DeFazio Hinchey Davis (KY) Johnson, Sam Quayle tactic. Butterfield DeGette Hinojosa Denham Jordan Reed Join me today in supporting this Capps DeLauro Hirono Dent Kelly Rehberg final amendment to guarantee the Capuano Deutch Hochul DesJarlais King (IA) Reichert Cardoza Dicks Holden Diaz-Balart King (NY) Renacci right of every American citizen to cast Carnahan Dingell Holt Dold Kingston Ribble their vote. Carney Doggett Honda Dreier Kinzinger (IL) Rigell Mr. HARPER. Mr. Speaker, I rise in Carson (IN) Donnelly (IN) Hoyer Duffy Kline Rivera opposition to this motion. Castor (FL) Doyle Inslee Duncan (SC) Labrador Roby The SPEAKER pro tempore. The gen- Chandler Edwards Israel Duncan (TN) Lamborn Roe (TN) Chu Ellison Jackson (IL) Ellmers Lance Rogers (AL) tleman from Mississippi is recognized Cicilline Engel Jackson Lee Emerson Landry Rogers (KY) for 5 minutes. Clarke (MI) Eshoo (TX) Farenthold Lankford Rogers (MI)

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.050 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8034 CONGRESSIONAL RECORD — HOUSE December 1, 2011 Rohrabacher Shuster Walberg Huizenga (MI) Meehan Runyan Sa´ nchez, Linda Shuler Van Hollen Rokita Simpson Walden Hultgren Mica Ryan (WI) T. Sires Vela´ zquez Rooney Smith (NE) Walsh (IL) Hunter Miller (FL) Scalise Sanchez, Loretta Slaughter Visclosky Ros-Lehtinen Smith (NJ) Webster Hurt Miller (MI) Schilling Sarbanes Smith (WA) Walz (MN) Roskam Smith (TX) West Issa Miller, Gary Schock Schakowsky Speier Wasserman Ross (FL) Southerland Westmoreland Jenkins Mulvaney Schweikert Schiff Stark Schultz Royce Stearns Whitfield Johnson (IL) Murphy (PA) Scott (SC) Schrader Sutton Waters Runyan Stivers Wilson (SC) Johnson (OH) Myrick Scott, Austin Schwartz Thompson (CA) Watt Ryan (WI) Stutzman Scott (VA) Thompson (MS) Wittman Johnson, Sam Neugebauer Sensenbrenner Welch Scalise Sullivan Jordan Noem Sessions Scott, David Tierney Wolf Wilson (FL) Schilling Terry Kelly Nugent Shimkus Serrano Tonko Womack Woolsey Schock Thompson (PA) King (IA) Nunes Shuster Sewell Towns Woodall Yarmuth Schweikert Thornberry King (NY) Nunnelee Simpson Sherman Tsongas Scott (SC) Tiberi Yoder Kingston Olson Smith (NE) NOT VOTING—8 Scott, Austin Tipton Young (AK) Kinzinger (IL) Palazzo Smith (NJ) Sensenbrenner Turner (NY) Young (FL) Kline Paulsen Smith (TX) Bachmann Hartzler Schmidt Sessions Turner (OH) Young (IN) Labrador Pearce Southerland Giffords McNerney Waxman Shimkus Upton Lamborn Pence Stearns Gohmert Paul Lance Petri Stivers NOT VOTING—7 Landry Pitts Stutzman b 1449 Bachmann Paul Woolsey Lankford Platts Sullivan Mr. RUSH changed his vote from Giffords Schmidt Latham Poe (TX) Terry Hartzler Waxman LaTourette Pompeo Thompson (PA) ‘‘aye’’ to ‘‘no.’’ Latta Posey Thornberry So the bill was passed. The result of the vote was announced 1442 Lewis (CA) Price (GA) Tiberi b LoBiondo Quayle Tipton as above recorded. Mrs. BLACKBURN and Mr. HALL Long Reed Turner (NY) A motion to reconsider was laid on Lucas Rehberg Turner (OH) changed their vote from ‘‘yea’’ to Luetkemeyer Reichert Upton the table. ‘‘nay.’’ Lummis Renacci Walberg f So the motion to recommit was re- Lungren, Daniel Ribble Walden REGULATORY FLEXIBILITY jected. E. Rigell Walsh (IL) Mack Rivera Webster IMPROVEMENTS ACT OF 2011 The result of the vote was announced Manzullo Roby West as above recorded. Marchant Roe (TN) Westmoreland Mr. SMITH of Texas. Mr. Speaker, I Stated for: Marino Rogers (AL) Whitfield ask unanimous consent that all Mem- McCarthy (CA) Rogers (KY) Wilson (SC) bers have 5 legislative days to revise Ms. WOOLSEY. Mr. Speaker, on December McCaul Rogers (MI) Wittman 1, 2011, I was unavoidably detained and was McClintock Rohrabacher Wolf and extend their remarks and include unable to record my vote for rollcall No. 872. McCotter Rokita Womack extraneous material on H.R. 527. McHenry Rooney Woodall The SPEAKER pro tempore (Mr. Had I been present I would have voted McKeon Ros-Lehtinen Yoder ‘‘yea’’—On Motion to Recommit with Instruc- WEBSTER). Is there objection to the re- McKinley Roskam Young (AK) quest of the gentleman from Texas? tions. McMorris Ross (FL) Young (FL) There was no objection. The SPEAKER pro tempore. The Rodgers Royce Young (IN) The SPEAKER pro tempore. Pursu- question is on the passage of the bill. NOES—190 ant to House Resolution 477 and rule The question was taken; and the XVIII, the Chair declares the House in Speaker pro tempore announced that Ackerman Dingell Lewis (GA) Altmire Doggett Lipinski the Committee of the Whole House on the ayes appeared to have it. Andrews Donnelly (IN) Loebsack the state of the Union for the consider- RECORDED VOTE Baca Doyle Lofgren, Zoe Baldwin Edwards ation of the bill, H.R. 527. Mr. BRADY of Pennsylvania. Mr. Lowey Barrow Ellison Luja´ n b 1450 Speaker, I demand a recorded vote. Bass (CA) Engel Lynch A recorded vote was ordered. Becerra Eshoo Maloney IN THE COMMITTEE OF THE WHOLE The SPEAKER pro tempore. This is a Berkley Farr Markey Accordingly, the House resolved Berman Fattah Matheson itself into the Committee of the Whole 5-minute vote. Bishop (GA) Filner Matsui The vote was taken by electronic de- Bishop (NY) Frank (MA) McCarthy (NY) House on the state of the Union for the vice, and there were—ayes 235, noes 190, Blumenauer Fudge McCollum consideration of the bill (H.R. 527) to Boren Garamendi not voting 8, as follows: McDermott amend chapter 6 of title 5, United Boswell Gonzalez McGovern Brady (PA) Green, Al States Code (commonly known as the [Roll No. 873] McIntyre Braley (IA) Green, Gene Regulatory Flexibility Act), to ensure Meeks AYES—235 Brown (FL) Grijalva Michaud complete analysis of potential impacts Adams Canseco Forbes Butterfield Gutierrez Miller (NC) on small entities of rules, and for other Aderholt Cantor Fortenberry Capps Hahn Miller, George Akin Capito Foxx Capuano Hanabusa purposes, with Mr. DENHAM in the Alexander Carter Franks (AZ) Cardoza Hastings (FL) Moore chair. Amash Cassidy Frelinghuysen Carnahan Heinrich Moran Murphy (CT) The Clerk read the title of the bill. Amodei Chabot Gallegly Carney Higgins The CHAIR. Pursuant to the rule, the Austria Chaffetz Gardner Carson (IN) Himes Nadler Bachus Coble Garrett Castor (FL) Hinchey Napolitano bill is considered read the first time. Barletta Coffman (CO) Gerlach Chandler Hinojosa Neal General debate shall be confined to Bartlett Cole Gibbs Chu Hirono Olver the bill and shall not exceed 1 hour, Owens Barton (TX) Conaway Gibson Cicilline Hochul with 40 minutes equally divided and Bass (NH) Cravaack Gingrey (GA) Clarke (MI) Holden Pallone Benishek Crawford Goodlatte Clarke (NY) Holt Pascrell controlled by the chair and ranking Berg Crenshaw Gosar Clay Honda Pastor (AZ) minority member of the Committee on Biggert Culberson Gowdy Cleaver Hoyer Payne the Judiciary, and 20 minutes equally Pelosi Bilbray Davis (KY) Granger Clyburn Inslee divided and controlled by the chair and Bilirakis Denham Graves (GA) Cohen Israel Perlmutter Bishop (UT) Dent Graves (MO) Connolly (VA) Jackson (IL) Peters ranking minority member of the Com- Black DesJarlais Griffin (AR) Conyers Jackson Lee Peterson mittee on Small Business. Blackburn Diaz-Balart Griffith (VA) Cooper (TX) Pingree (ME) The gentleman from Texas (Mr. Polis Bonner Dold Grimm Costa Johnson (GA) SMITH) and the gentleman from Michi- Bono Mack Dreier Guinta Costello Johnson, E. B. Price (NC) Boustany Duffy Guthrie Courtney Jones Quigley gan (Mr. CONYERS) each will control 20 Brady (TX) Duncan (SC) Hall Critz Kaptur Rahall minutes. The gentleman from Missouri Brooks Duncan (TN) Hanna Crowley Keating Rangel (Mr. GRAVES) and the gentlewoman Broun (GA) Ellmers Harper Cuellar Kildee Reyes ELA´ ZQUEZ Buchanan Emerson Harris Cummings Kind Richardson from New York (Ms. V ) each Bucshon Farenthold Hastings (WA) Davis (CA) Kissell Richmond will control 10 minutes. Buerkle Fincher Hayworth Davis (IL) Kucinich Ross (AR) The Chair recognizes the gentleman Burgess Fitzpatrick Heck DeFazio Langevin Rothman (NJ) from Texas (Mr. SMITH). Burton (IN) Flake Hensarling DeGette Larsen (WA) Roybal-Allard Mr. SMITH of Texas. Mr. Chairman, I Calvert Fleischmann Herger DeLauro Larson (CT) Ruppersberger Camp Fleming Herrera Beutler Deutch Lee (CA) Rush yield myself such time as I may con- Campbell Flores Huelskamp Dicks Levin Ryan (OH) sume.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.016 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8035 America’s economic recovery re- latory process. Currently, only three would make it harder to control and mains sluggish, with the unemploy- agencies, the Occupational Safety and make safe our products that we count ment rate still at 9 percent. Jobs are Health Administration, the Environ- on. Under the law presently, rule- the key to economic recovery, and mental Protection Agency, and the making must make an analysis for small businesses are the primary job Consumer Financial Protection Bureau every new rule that would have a sig- creators in America. must consult with small business advo- nificant economic impact on small A study for the Small Business Ad- cacy review panels before issuing new businesses. Among other things, the ministration found that regulations major regulations. Building on this, bill would repeal the authority that al- cost the American economy $1.75 tril- the bill requires all agencies to use ad- lows the agency to waive or delay this lion annually, or over $15,000 per house- vocacy review panels. analysis in response to even an emer- hold. Equally important, this bill strength- gency. It’s hard to imagine how the bill Mr. Chairman, while job creators suf- ens requirements that agencies review under consideration would make regu- fer under the weight of these regula- and improve existing regulations when- lations more cumbersome, would take tions, Federal employees are visibly ever possible to lower the burden on longer, would risk national emer- writing even more to implement the small business. It enhances the Small gencies, and would lose a lot of the mandates of new laws like ObamaCare Business Administration’s ability to safety and health protections that we and Dodd-Frank. The same study also comment on and help shape major now enjoy. I feel that there hasn’t been found that the cost of regulatory com- rules. It assures that the law is uni- a careful consideration of what the real pliance is disproportionately higher for formly implemented so agencies can final goal is. small businesses. This hurts their abil- not interpret their way out of its re- The Wall Street Journal, which is no ity to create jobs for Americans. quirements. And the bill improves judi- enemy of big business, said: The main Last month a Gallup poll found that cial review. reason United States companies are re- small business owners consider ‘‘com- Some critics of regulatory reform luctant to step up hiring is scant de- plying with government regulations’’ may claim that this bill undermines mand rather than uncertainty over as the ‘‘most important problem’’ they agencies’ ability to issue new regula- government policies. face. tions. On the contrary, the bill only So even the business community rec- On February 8, 2011, I introduced H.R. strengthens the existing law with care- ognizes that the big problem with our 527, the Regulatory Flexibility Im- fully tailored commonsense reforms. economy is not that rules are tying up provements Act of 2011, to provide ur- Especially in light of current eco- businesses but that we don’t have gently needed help to small businesses. nomic conditions, this bill is a timely enough people buying, because they Mr. GRAVES and Mr. COBLE are original and logical step to protect small busi- don’t have enough jobs to create the cosponsors along with the bill’s 24 addi- nesses from overregulation. Like the demand. If you examine it carefully, as tional cosponsors. Regulatory Flexibility Act of 1980 and many on our Committee on the Judici- This bill primarily reinforces the the Small Business Regulatory En- ary have done, you will find that the Regulatory Flexibility Act of 1980 and forcement Fairness Act of 1996, the safety standards of which we are really the Small Business Regulatory En- Regulatory Flexibility Improvements very proud are going to be com- forcement Fairness Act of 1996. Act of 2011 recognizes that economic promised in a very embarrassing way. It only requires agencies to do what growth ultimately depends on job cre- Regulations don’t kill jobs; they save current law and common sense dictate ators, not regulators. lives. that they should be doing. Current law The economy is already on shaky There are plans underway—this is requires agencies to prepare a regu- footing. It is more important than ever one of them—here in the House to un- latory flexibility analysis so agencies for regulators to look before they leap dermine the regulatory process that will know how a proposed regulation to impose more regulations. I urge my guarantees the health and the safety of will affect small businesses before it is colleagues to support the bill, and I re- millions of Americans. I urge all of the adopted. But the Government Account- serve the balance of my time. Members of the House to carefully con- ability Office has found in numerous Mr. CONYERS. Mr. Chairman, I yield sider the direction of this bill. studies that agencies are not always myself such time as I may consume. I reserve the balance of my time. adhering to these laws. I would just like to point out that Mr. SMITH of Texas. Mr. Chairman, I For example, current law allows an the Crain study referred to already by yield 5 minutes to the gentleman from agency to avoid preparing a regulatory the distinguished chairman of the com- North Carolina (Mr. COBLE), the chair- flexibility analysis if the agency head mittee, apparently he hasn’t found out man of the Courts, Commercial and Ad- certifies that the new rule will not that it’s been held in error in a number ministrative Law Subcommittee of the have a significant economic impact on of ways but mostly by the Crain study Judiciary Committee. a substantial number of small busi- people themselves, who said that their Mr. COBLE. I thank the gentleman nesses. But these terms are not defined analysis was not meant to be a deci- from Texas (Mr. SMITH) for having in the law, and agencies routinely take sionmaking tool for lawmakers or Fed- yielded to me. advantage of this and fail to prepare eral regulatory agencies to use in Mr. Chairman, those who oppose H.R. any analysis. choosing the right level of regulation. 527 insist that those of us who support The bill fixes this problem by requir- In other words, the study is flawed it are willing to compromise health ing the Small Business Administration because it fails to account for any ben- and safety standards. Since criticism is to define these terms uniformly for all efits of regulation. So I want every- not justified, we simply are refining agencies. Also, it requires agencies to body to know that this correction the process. Excessive regulations and justify a certification in detail and to about $1.75 trillion has been thoroughly bad regulations serve no good purpose. give the legal and factual grounds for debunked by not only CRS but other My district is not unlike many oth- the certification. And this bill restricts authorities as well. ers. We are still suffering from the re- agencies’ ability to waive the Regu- Now, this debate follows a number of cession. While we once claimed many latory Flexibility Act’s requirements. pieces of legislation that we’re consid- manufacturing and producing distinc- The legislation also requires agencies ering. It’s sort of a regulation tidal tions, much of our manufacturing has to document all economic impacts, di- wave—or anti-regulation tidal wave: either disappeared or has gone to other rect and indirect, that a new regula- H.R. 3010, Regulatory Accountability; places. Bad regulations don’t help mat- tion could have on small businesses. H.R. 10, which we will see soon, the ters. They create unnecessary costs, Agencies already must account for in- REINS Act; and H.R. 527, the bill before uncertainty for employers, do not im- direct economic impacts under the Na- us now, the Regulatory Flexibility Im- prove public health or safety, and they tional Environmental Policy Act. provements Act. are particularly burdensome for small Small businesses deserve the same businesses. level of scrutiny. b 1500 Two critical laws that help ensure This bill assures that small busi- Now, it’s strange to say that this trio regulators will take into account the nesses will have a voice in the regu- of public safety-killing legislation impact of proposed regulations on

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.056 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8036 CONGRESSIONAL RECORD — HOUSE December 1, 2011 small businesses are the Regulatory This bill amends the Regulatory Moreover, the study was never in- Flexibility Act and the Small Business Flexibility Act of 1980, which requires tended to be a decisionmaking tool for Regulatory Enforcement Fairness Act. agencies to engage in so much analysis lawmakers or Federal regulatory agen- In essence, these laws require agencies and in so many new procedures that it cies to use in choosing the right level to conduct economic impact analyses basically befuddles the agencies in of regulation. But they still use that as of proposed rules on small businesses. bringing forth any rules in the future. the basis for this law. Unfortunately, regulators routinely It is elimination by burdensome regu- So let’s focus on the real facts. utilize waivers and exceptions from lation. While it doesn’t say it is elimi- H.R. 527 will bring agency rule- both laws and promulgate regulations nating rules, that’s the effect of it. It making to a halt because of multiple without taking into account their eco- subjects all major rules and other layers of bureaucratic review and anal- nomic impacts on small businesses. rules, those which have a significant ysis that it adds to the rulemaking The Regulatory Flexibility Act and economic impact on a substantial num- process. It is the de facto end of regula- the Small Business Regulatory En- ber of small entities, to review by tions. forcement Fairness Act do not block small business review panels. As Sherwood Boehlert, a colleague of The cumulative effect of these and the flow of Federal regulation. They, mine here in Congress, of the previous other changes in H.R. 527 will be to un- rather, help guide it. We need regula- Congresses from the State of New York dermine the ability of agencies to ef- tions and small businesses need regula- and a Republican and a long time chair fectively regulate consumer health and tions, but the regulations must be ef- of the House Science Committee, re- product safety, environmental protec- fective and efficient or they could do cently warned, this measure ignores tion, workplace safety, and financial more harm than good. history—Newt Gingrich—‘‘ignores his- services industry misconduct, among H.R. 527 will improve future regula- tory, larding the system with addi- tions by requiring agencies to conduct other critical concerns. We talk about small businesses. tional reviews based on previous efforts the economic impact analyses of pro- that have slowed progress while help- posed regulations on small businesses Small businesses are important, and they create more jobs than any other ing nobody.’’ before they are implemented. In doing Second, the bill clearly presents a se- so, it will enhance the basic require- sector of our economy, but small busi- nesses are made up of human beings. rious threat to public health and safety ments of the Regulatory Flexibility for all Americans. It does this by elimi- Act and of the Small Business Regu- To paraphrase Mitt Romney, who said that corporations are people, small nating the emergency authority that latory Enforcement Fairness Act, and currently allows agencies to waive or it will extend the advocacy review businesses are people, too. Small busi- nesses are concerned about consumer delay certain analyses so they can ex- panel requirements to all agencies, in- peditiously respond to national crises cluding to all of the independent agen- health and product safety because they are the victims of it. Small businesses such as a massive oil spill, or a nation- cies. wide outbreak of food poisoning, or an The Administrative Procedure Act are concerned about environmental emerging financial marketplace melt- was not intended to create a regime protection and workplace safety and down. We’ve experienced all of these. whereby executive agencies could im- food and drug safety and, certainly, plement a regulation without recourse. about financial services industry mis- The priority in the face of an emer- Unfortunately, there are countless sit- conduct, which almost brought this gency is to have emergency agencies to uations in which agencies have imple- country to its knees in what could say, sorry, we can’t do this. We have to mented rules and regulations that are have been a depression but for the conduct regulatory analysis first be- unnecessary, redundant, or work of our great President and the fore we aid the American people. unjustifiably costly. H.R. 527 will help Congress that worked with him at that H.R. 527 is simply chock full of crafty ensure that agencies do not overlook time. provisions to slow down rulemaking, This bill does little to help small the critical interests of small busi- requiring small business advocacy re- businesses shape or comply with Fed- nesses, and it will help prevent agen- view panels to analyze rules promul- eral regulations. Right now, we can cies from promulgating wasteful regu- gated by all agencies, and not just take for granted that the food we eat, those from the three agencies for which lations. the water we drink, the air we breathe, Finally, the Congressional Budget Of- review panels are currently required. the places we work, the planes we fly fice estimated that H.R. 527 will cost Moreover, it would require review pan- on, the cars we drive, and the bank ac- $80 million between 2012 and 2016. Al- els for all major rules, not just those counts in which we put our savings are though there may not be a quantifiable that have a significant economic im- going to be safe because we have strong means to assess the benefits of H.R. pact on a substantial number of small regulation; but if H.R. 527 is enacted, it entities. And this bill would force agen- 527, from the perspective of a small will be harder, much more difficult, business, they are, indeed, priceless. cies to engage in seemingly endless, maybe impossible, to provide those wasteful and speculative analysis, in- Also, it’s important to note that, protections for future generations. among many others, the National Tax- cluding assessment of all reasonably payers Union, the National Association b 1510 foreseeable, indirect—indirect—eco- of Independent Business, the United H.R. 527 is based on the well-inten- nomic effects of a proposed rule. States Chamber of Commerce, and the tioned, but false, premise that regula- I think we may see agencies pur- National Association of Manufacturers tions result in economically stifling chasing crystal balls so they can com- have endorsed H.R. 527. costs. ply with this inane requirement of H.R. 527 is critical for small busi- In particular, proponents of H.R. 527, looking into the future. As any first- nesses, Mr. Chairman, and it will not and of anti-regulatory legislation gen- year law student would know, it can impede the ability of agencies to pro- erally, of which we have seen an abun- take years of costly and time-con- mulgate regulations. This is good gov- dance in this Congress, repeatedly cite suming litigation to figure out exactly ernment legislation. We do not need a thoroughly debunked study by econo- what is reasonably foreseeable and more regulation. We need better regu- mists Mark and Nicole Crain, which what is indirect. Where is Mr. PAUL’s lations, which is exactly what H.R. 527 made the ridiculous claim that Federal graph? will achieve; so I urge support in the regulations impose a $1.57 trillion cost While adding analytical require- final passage of this bill. on the economy. ments and opportunities for industry Mr. CONYERS. Mr. Chairman, I am Ridiculous? Why, you say. Because to disrupt rulemaking, H.R. 527 pro- pleased to yield 5 minutes to the rank- they even admitted, and the Congres- vides absolutely no assistance to busi- ing member of the Courts, Commercial sional Research Service said, it failed ness in complying with Federal regula- and Administrative Law Sub- to account for any benefits of regula- tions, which is what small business committee, the gentleman from Ten- tion. There are indeed benefits of regu- really needs. And for those of us who nessee, STEVE COHEN. lation and great—and the Office of should really be worried about the na- Mr. COHEN. I want to thank the Management and Budget said great tional deficit, this bill has a hefty price ranking member for yielding time. benefits outweigh costs. tag. The most conservative estimates,

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.057 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8037 $80 million, and a more realistic esti- Mr. CONYERS. Mr. Chairman, I am small business. In fact, on average, mate is $291 million over a 5-year pe- pleased to yield 1 minute to a distin- small businesses spend 36 percent more riod. guished member of our committee, the per employee per year complying with The CHAIR. The time of the gen- gentlelady from California, JUDY CHU. Federal regulations than large busi- tleman has expired. Ms. CHU. I rise in opposition to the nesses do. Mr. CONYERS. I yield the gentleman so-called Regulatory Flexibility Act. b 1520 an additional 2 minutes. This bill shows just how out of touch Mr. COHEN. Thank you. the House leadership is, not only with This legislation will help the problem H.R. 527, like H.R. 3010, which we will the American people, but with Amer- by requiring that Federal agencies just also consider this week, is simply a ica’s small businesses. analyze the impact of a new regulation wolf in sheep’s clothing. What pro- A recent poll conducted by the Hart- on small businesses before adopting the ponents seem to describe as common- ford Financial Group asked small busi- regulation. Once a mom and pop shop sense revisions to current law actually nesses to name their biggest barrier to goes out of business, there’s often no would result in a dramatic overhaul of success. Despite the majority’s claim, going back. the rulemaking process, threatening do you know how many cited govern- Regulators and elitist bureaucrats in agencies’ ability to ensure basic ment rules and regulations as the big- Washington, D.C., do not always know health, safety, and other precautions. gest barrier? Just 9 percent. Instead, a what is best for people who own a small I oppose this bill and urge my col- majority, a vast majority, in fact, 59 business. Many of these regulators leagues to do so. Also the cumulative percent of small businesses, said they have never owned a small business or effect of these and other bills would be struggle the most with finding quali- even understand capitalism. They have to be undermine the ability of agencies fied talent. never signed the front of a paycheck. to effectively regulate consumer So it’s clear that this bill does noth- But yet they make rules. Congress health, work product safety, environ- ing to knock down barriers and help needs to ensure that we do not over- ment protection, financial services the majority of small businesses with regulate America to death and self-de- misconduct, and others. Right now we their greatest needs. Instead, it just struct our . can take these for granted. slows down the regulation process and Mr. CONYERS. Mr. Chairman, I yield This is a dangerous bill, and I would myself such time as I may consume. ask our Members to vote against it and stops government from protecting the consumers from unsafe products, dirty Members of the House, it’s important think about the safety of the public for us to realize who else has difficulty and the future. Small businesses are air or water that could make them sick, a dangerous workplace, or gross in supporting a bill that ends up cre- people, as Mr. Romney said about cor- ating unsafe products, promotes dirty porations, and those people also suffer misconduct in the financial industry. Our country’s small businesses don’t air, and other kinds of harms to our from lack of regulation. citizenry. The American Lung Associa- Mr. SMITH of Texas. Mr. Chairman, I have time for this nonsense. We should be working on a bill that creates jobs tion is opposed to H.R. 527. The Envi- yield 2 minutes to the gentleman from ronmental Defense Fund is opposed to HABOT), a senior member of and actually helps small business. Ohio (Mr. C this bill. The National Women’s Law the Judiciary Committee. Mr. SMITH of Texas. Mr. Chairman, I Center does not support this bill. Pub- Mr. CHABOT. I thank our distin- yield 3 minutes to the gentleman from lic Citizen is opposed to it. The Union guished chairman for yielding the Texas (Mr. POE), a former district of Concerned Scientists is opposed to time. judge and a senior member of the Judi- Mr. Chairman, when I talk to small ciary Committee. it. And, indeed, a total of more than 70 business owners back in my district in Mr. POE of Texas. I thank the gen- organizations have all written urging Cincinnati in southwest Ohio, I con- tleman for yielding. us to very carefully consider what we tinue to hear the same thing over and Mr. Chairman, when I meet with are doing here today. over again. Overbearing regulations are small business owners back in south- It’s absolutely critical, and it is very crushing their ability to grow and cre- east Texas, the one thing they always important that we understand that ate jobs, and that’s what we are sup- tell me is that they are not com- there is no evidence, credible evidence posed to be about is getting this econ- fortable with expanding their busi- that regulations depress job creation. omy moving and getting people back to nesses or hiring new employees because Now, this is great rhetoric, but we’re work again; but the regulations are of the Federal regulators. ‘‘We just passing laws here today. just crushing them. don’t know what the Federal Govern- The majority’s own witness before Over the last year, however, the ment is going to do next,’’ is what I the House Judiciary Committee agrees Obama administration has enacted often hear. And considering that the with us. Christopher DeMuth, who ap- more than 3,500 new rules and regula- code of Federal regulations is currently peared before the House Judiciary tions, and they have another 4,000 over 150,000 pages long, no wonder they Committee on behalf of the American pending. So rather than reduce the reg- are saying that they cannot plan for Enterprise Institute, stated in his pre- ulations, they are talking about put- the future. pared testimony that the focus on jobs ting on even more. Mr. Chairman, do we really need can lead to confusion in regulatory de- Mr. Chairman, small businesses in more than 150,000 pages of regulations bates, and that the employment effects this country are struggling. Unemploy- to be imposed across the fruited plain? of regulation, while important, are in- ment is at record levels and our econ- Good thing the regulators weren’t determinate. He can’t figure it out, and omy is showing little or no signs of im- around to draw up regulations on the he was a pretty good witness for our provement. Ten Commandments. No telling what position that regulations have no dis- We must pass legislation that re- that would look like. cernible impact on job creation. duces redtape and repeals burdensome Anyway, a recent Gallup Poll found If anything, regulations may pro- regulations. This bill will reform the regulation and red tape is the most im- mote job growth and put Americans rulemaking system and provide much portant problem currently facing busi- back to work. The BlueGreen Alliance needed regulatory relief to small busi- ness owners. That’s right, not the econ- notes: Studies on the direct impact of ness. omy but red tape. Why are we allowing regulations on job growth have found If President Obama is serious about the regulators to administratively pass that most regulations result in modest job creation, then he must sign this many unnecessary rules that destroy job growth or have no effect. bill. Small businesses are struggling to this economic system? Economic growth has consistently keep up with the overwhelming costs of Unnecessary regulations hurt all surged forward in concert with these compliance that his administration has American businesses, but hurt the health and safety protections. The put on our Nation’s job creators. small businesses the most. It’s not easy Clean Air Act is a perfect example. The If Congress wants to give the Amer- for a mom-and-pop shop to hire a legal economy has grown 204 percent and pri- ican people a gift this Christmas sea- department to navigate through the vate sector job creation has expanded son, let it be regulatory relief and the ever-growing list of Federal regula- 86 percent since it was passed in 1970. jobs that will result. tions that may be applicable to their And so, my colleagues, regulation and

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.059 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8038 CONGRESSIONAL RECORD — HOUSE December 1, 2011 economic growth can go hand in hand. The Hope Scholarship reporting re- Mr. CONYERS. I yield myself such We recently observed that 40 years of quirements that said that the 7,700 time as I may consume. I too am pre- success with the Clean Air Act has schools across the country had to re- pared to close on this side. demonstrated that strong environ- port who it was that gave them the Ladies and gentlemen of the House, mental protections and strong eco- money—turned them into some kind of we have two starkly opposing views of nomic growth go hand in hand. a supercomputer. And I worked with what this bill does. I have over 70 orga- What’s in this bill is a provision that the 7,700 schools and with the commis- nizations that are from the labor move- every regulation change would have to sioner of the IRS—this was a $100 mil- ment, from the health movement, from come back through the Congress. It lion mandate upon all of these schools the science world, from the Women’s would be unthinkable that we could in the country because nobody took Law Center, from the Union of Con- add this to our schedule, especially if the time to say, what impact will this cerned Scientists all telling us that there was a health emergency that re- regulation have upon the schools of this is a very dangerous process that quired a rapid passage. this country? we’re involved in, that the results So I want every Member of this This before me is one day of regula- wouldn’t be that the authors of this House to examine the grossly different tion, just one day in America. Just one amendment intended to harm people or analyses that are being made here and day in Washington, just one more day that they intended to produce unsafe come to your own conclusion. I think if when the small business people have to air products or that they were sup- you do, you will realize that regula- read through 500 pages of 9-point type porting making the air unbreathable, tions have no discernible impact on job dealing with air particulates. but that is the result of this bill. creation. And then I hear today that oh, you It’s been stated twice on the other I reserve the balance of my time. don’t need any relief, it’s not nec- side that we are accusing you of bad in- Mr. SMITH of Texas. Mr. Chairman, essary. Regulations are good. And then tent. I don’t do that. I want you to be how much time remains on each side? we take a look at the impact that this very clear. It’s not a matter that your The CHAIR. The gentleman from has, the financial impact that it has on intentions are not honorable, but the Texas has 71⁄2 minutes remaining. The the small businesses today. results of a bill like H.R. 527 would cre- gentleman from Michigan has 31⁄2 min- This is a great bill. It’s long overdue. ate unsafe products. It would ulti- utes remaining. And as a former chairman of the Small mately produce air that is more pol- Mr. SMITH of Texas. Mr. Chairman, I Business Committee, I say it’s about luted than the air that we’re dealing yield 3 minutes to the gentleman from time, and our colleagues on the other with now. It would delay the promulga- Illinois (Mr. MANZULLO), a member of side should all vote unanimously for tion of regulations that we need. It is the Financial Services Committee. this bill. Mr. MANZULLO. Mr. Chairman, this Mr. CONYERS. I yield myself such exactly going in the wrong way be- is one of the most important bills that time as I may consume. cause we, as a matter of fact, need to we will pass in Congress. I’m glad my friend is still on the have more regulation surrounding I’m just amazed at what I hear from floor because he asked, what do the products, particularly children’s toys. the other side—we’re over here endan- doctors have to say about this? The We want the air to be much better than gering safety; we’re poisoning water; doctors oppose the bill. And I’d like to it is. we’re doing everything we can in the point out, the American Lung Associa- And so I urge my colleagues to exam- workplace. That’s not what this is tion and the Center for Science in the ine the premises starkly different than about. All this bill says is, when you Public Interest do not agree with you, have been presented here today and to put in a regulation, at least have some and they agree with our position on the join us in turning back and sending type of basis so the people impacted by bill. back to the committee a bill that it know where to go from there. Have would make our health much more en- some good, sound science. Let’s have b 1530 dangered. an economic impact study. Mr. MANZULLO. Will the gentleman I yield back the balance of my time. Let me just give you five instances yield? Mr. SMITH of Texas. Mr. Chairman, I specifically. Talk to the doctors today Mr. CONYERS. In just a minute I’ll yield myself the balance of my time. about all of the regulations impacting be very pleased to. Job creation is the key to economic them, and you’ll hear complaints about The Environmental Defense Fund, recovery, and small businesses are spending more time on paperwork than the Friends of the Earth, and the Union America’s main job creators. But over- with their patients. of Concerned Scientists are all in regulation kills jobs and is especially Talk to the banks. I was talking to a agreement with us. And so I want you burdensome for small businesses. Any- small banker, only 19 employees. Two to know that the medical people that one who doesn’t believe that probably little banks in my district, they have have spoken about this bill are not in hasn’t spent much time in the private to hire a full-time compliance officer support of it. sector. Even President Obama, who has just because of Dodd-Frank, and that I will yield briefly to the gentleman. not spent much time in the private sec- Mr. MANZULLO. I thank the gen- bank didn’t do one thing wrong to tor, wrote in a Wall Street Journal op- tleman for yielding. bring about this economic collapse. ed and recognized that overregulation First of all, the doctors that I talk And now the farmers. EPA is going to ‘‘stifles innovation’’ and has ‘‘a to—the experts themselves, not the regulate cow manure under CERCLA, chilling effect on growth and jobs.’’ lobbyists in Washington—I talk to as opposed to the present rules. It has been 15 years since Congress them on a continuous basis. They’re Several years ago, this House passed last updated the Regulatory Flexibility very upset with more regulations. And the Clean Air Act Amendments of 1990. Act of 1980. Experience during that One of those was something called the NFIB is behind the bill. Mr. CONYERS. Just a moment. time reveals that further reforms are employee commute option that said These are not lobbyists. I don’t know if necessary. The Regulatory Flexibility that counties around Chicago had to these organizations have any offices Improvements Act of 2011 makes care- have something called an employee here. But the Union of Concerned Sci- fully targeted reforms to the current commute option that was forced car- entists probably doesn’t have any lob- law to ensure that agencies properly pooling. Well, one of those counties byists. I doubt if the American Lung analyze how a new regulation will af- was McHenry County, which is still a Association does. fect small businesses before adopting rural county. And I had to work with Mr. MANZULLO. Will the gentleman that regulation. In the current eco- HENRY WAXMAN for 2 to 21⁄2 years to yield? nomic climate, with millions of Ameri- come up with a reasonable interpreta- Mr. CONYERS. I would, except that cans looking for work, we simply can- tion and corrective language in order your side has far more time than my not afford to overburden small busi- to make sure that the people of that side does. nesses with more wasteful or ineffi- county were not strapped with that in- I reserve the balance of my time. cient regulations. credible mandate and at the same time Mr. SMITH of Texas. Mr. Chairman, I urge my colleagues to support the we did not compromise the quality of we are prepared to close; so I will re- bill. I look forward to its passage. the air. serve the balance of my time. I yield back the balance of my time.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.061 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8039 Mr. GRAVES of Missouri. Mr. Chair- overburdening small businesses, as ing its current role, and expanding its man, I yield myself such time as I may they do in fact bear the largest burden. powers geometrically is well beyond its consume. b 1540 capacity. Members are well aware of I rise today in support of H.R. 527, the fiscal constraints facing the U.S. the Regulatory Flexibility Improve- These entrepreneurs face an annual Government. Now is not the time to ments Act of 2011. I was the original regulatory cost of $10,585 per employee, make costly statutory leaps when cosponsor. I want to thank Chairman which is 36 percent higher than the reg- smaller steps might be more appro- SMITH for the opportunity to work with ulatory cost facing large firms. And priate. him on this very important piece of this brings us to the bill before us. So, in conclusion, there are some legislation. Too often on the House floor legisla- good and some not-so-good things in Opponents will argue that the bill tion is painted as either being totally this bill. I want to acknowledge the ef- stops agencies from issuing regula- perfect or completely awful. With this fort by the bill’s manager, but in the tions. However, in reality, H.R. 527 will bill, neither of these characterizations end it is not something I could support, force agencies to consider how their ac- is appropriate. In fact, on many fronts, given the imposition of too many ques- tions affect small businesses and other H.R. 527 contains several very positive tionable policies. However, I want to small entities. More importantly, if provisions and will make a real dif- thank Chairman GRAVES for always the effects are significant, agencies, ference for small businesses. being open to discussions, and I look not small entities, will have to develop Many of the provisions were pre- forward to continuing our dialogue on less burdensome and costly alter- viously advanced by Democrats in the this legislation. natives. Small Business Committee, and for I reserve the balance of my time. Shouldn’t a government understand this Chairman GRAVES and Chairman Mr. GRAVES of Missouri. Mr. Chair- the consequences of its regulations? Of SMITH and their staff should be com- man, I yield such time as he may con- course, it should. And by doing so, the mended. For instance, the bill makes sume to the gentleman from the 24th government may arrive at a more effi- agencies’ regulatory flex analyses more District of New York (Mr. HANNA). cient and less costly way to regulate. detailed so that they cannot simply Mr. HANNA. Mr. Chairman, I rise In a nutshell, that is what H.R. 527 overlook their obligations to small today in support of H.R. 527, the Regu- does. businesses. It also gives real teeth to latory Flexibility Improvements Act. Some may argue that agencies al- periodic regulatory look-backs, which The small businesses I meet on a reg- ready do this when they draft regula- require agencies to review outdated ular basis tell me that regulation has tions. However, nearly 30 years of expe- regulations that remain on the books. become an overwhelming problem. rience with the Regulatory Flexibility Agencies will also be required to evalu- Small business owners are the back- Act, or the RFA, shows that agencies ate the entire impact of their regula- bone of the American economy. I know are not considering the consequences of tions, something that is long overdue. this because I’m a small business their actions, and it is about time that And it cannot go without mention owner. Like so many, my life was built they start doing that. that the bill brings the IRS under the by a belief in hard work, free enter- Government regulations do have con- purview of the RFA. This is a real im- prise, an entrepreneurial spirit, and a sequences. Small businesses must ex- provement for small firms, which will love to get out of bed in the morning pend scarce and vital capital com- undoubtedly benefit from greater scru- and just do what I love to do, as you plying with these rules. If there’s a bet- tiny of complex and burdensome tax know yourself, Mr. Chairman. The pre- ter way to achieve what an agency rules. These are all constructive ponderance of regulations is stifling wants while imposing lower costs on changes that will bring real relief to that spirit. small businesses, the sensible approach entrepreneurs. This country can’t do well unless would be to adopt the lower cost meth- With that said, there are other items small businesses do well. They provide odology. This will enable small busi- in this legislation that leave you the jobs, the growth, and the oppor- nesses to meet the requirements im- scratching your head. Adding 50 new tunity for the rest of society. Small posed by regulators while freeing up agencies to the panel process is a rec- businesses are drowning in regulation. scarce resources to expand their busi- ipe for disaster. Such a dramatic Federal agencies should periodically nesses and hire more workers. change will require new bureaucratic review their rules to ensure that regu- H.R. 527 ensures the consideration of processes, more staff, and more paper- lations are not unduly burdensome. As consequences of rulemaking through work. with the 1099 reporting provision and the removal of loopholes that the agen- It must be ironic for my colleagues the 3 percent withholding rule, the law cies have used to avoid compliance on the other side of the aisle that this of unintended consequences can be with the RFA. In addition, the bill will bill attempts to reduce Federal regula- crippling. Fortunately, this House has require a closer consideration of the tion by dramatically expanding the repealed both. impact of rules on small businesses and role and scope of government. In fact, We all agree that regulations are ab- other small entities. Yet nothing in H.R. 527 creates more government as a solutely necessary to protect the pub- H.R. 527 will prevent an agency from means to limit government. How does lic good, but we need to ensure that issuing a rule. It just stops the govern- that make sense? regulations reflect a proper balance ment from issuing a rule without un- It also applies reg flex to land man- that does not unreasonably hinder en- derstanding its effect on America’s job agement plans, something I have never trepreneurship, job creation, and inno- creators—small businesses. heard small businesses complain about vation. With that, I urge my colleagues sup- in my 18 years on the committee. Ms. VELA´ ZQUEZ. Mr. Chairman, I port this very carefully crafted meas- Doing so will enable corporate inter- yield 2 minutes to the gentleman from ure to improve the Federal regulatory ests to more readily challenge land use Michigan (Mr. CONYERS), the ranking process. decisions, which could have adverse member on the Judiciary Committee. I reserve the balance of my time. consequences for the environmental Mr. CONYERS. I thank the gentle- Ms. VELA´ ZQUEZ. Mr. Chairman, I stewardship of public lands. The reality lady from New York. yield myself such time as I may con- is that the RFA was just not intended My friend on the other side from Mis- sume. to cover this action, and it should not souri, who is managing the bill, I was Reducing the cost of regulation is a do so going forward. happy to hear you say that this meas- very important issue, but it’s not going Finally, it is important to note that ure that we are examining does noth- to turn the economy around. In order the Office of Advocacy’s footprint has ing to hinder the rulemaking process. for this to happen, businesses need to traditionally been minimal, with a And I’d like to help you out in that see more customers coming through budget of $9 million and 46 employees. area if I may because this expands in their doors—and not just during the According to CBO, its budget will have the bill the use of small business re- holiday season we are now in. With this to increase by up to 200 percent per view panels to include rules promul- in mind, it is necessary to create an en- year to handle the new responsibilities gated by all agencies, and to include all vironment where regulations are not of H.R. 527. It is already taxed in meet- major rules.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.067 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8040 CONGRESSIONAL RECORD — HOUSE December 1, 2011 I would say to the gentleman from Foundation, net regulatory burdens in- regulations, they can run to the courts. Missouri that right now there are only creased in the years George W. Bush You don’t have to implode the process three agencies that are affected. What assumed the Presidency. Between 2001 to be able to address the problem. this does, my friend, is extend the re- and 2008 the Federal Government im- Let’s help small businesses, let’s dis- view process to every agency. Do you posed almost $30 billion in new regu- cuss how to create jobs, and let’s vote recognize, sir, that there are over 50 latory costs on America. About $11 bil- against this legislation. agencies in the Federal system? And so lion was imposed in fiscal year 2007 Ms. VELA´ ZQUEZ. Mr. Chairman, I for it to be thought that this isn’t alone. yield myself the balance of my time. going to change much is a grievous With regard to the number of pages The CHAIR. The gentlewoman from mistake. And of course I am here to of regulations, the Code of Federal reg- New York is recognized for 45 seconds. help you out, to the extent that I can. ulations totaled 145,000 pages in 2007 Ms. VELA´ ZQUEZ. Since its enact- The other thing that it does—and you alone. The Obama administration ment in 1980, the Reg Flex has reduced think that this will not change the issued an Executive order, 13563, and a the burden of Federal rules on small rulemaking process—is that this meas- memorandum on small businesses and businesses. It has evolved over time to ure would force agencies to engage in job creation, and the Executive order include new tools, expanding its pur- speculative analysis, including an as- instructs agencies to seek the views of view and making a real difference for sessment of all reasonably foreseeable, affected entities prior to proposed rule- entrepreneurs across the country. indirect economic effects of a proposed making. The Executive order also calls With this important role in mind, the rule. on agencies to engage in periodic re- legislation before us makes some es- The CHAIR. The time of the gen- views of existing regulations. sential changes. However, in other tleman has expired. The CHAIR. The time of the gentle- areas the bill goes too far. At a time of Mr. GRAVES of Missouri. Mr. Chair- woman has expired. mounting deficits and growing tax- man, I yield such time as he may con- Ms. VELA´ ZQUEZ. I yield myself 15 payer anger at how tone-deaf Congress sume to the chairman of the Sub- seconds more. has become, H.R. 527 will dramatically committee on Investigations, Over- If we’re going to come here and, in- expand the Federal bureaucracy at a sight and Regulations, the gentleman stead of dealing with the issues that cost of $80 million. from the Sixth District of Colorado are impacting small businesses—and For these reasons, I urge a ‘‘no’’ vote, (Mr. COFFMAN). that is access to affordable capital so and I yield back the balance of my (Mr. COFFMAN of Colorado asked that they could create jobs—but rather time. and was given permission to revise and come and criticize the Obama adminis- Mr. GRAVES of Missouri. Mr. Chair- extend his remarks.) tration for issuing regulations, let’s set man, the gentlelady, my colleague Mr. COFFMAN of Colorado. The the record straight and talk about the from the Small Business Committee, Obama administration is currently regulations that were issued under the pointed out that the Bush administra- choking the lifeblood out of our Na- Republican administration. tion added $60 billion in regulatory tion’s middle class, small businesses, I reserve the balance of my time. burdens out there, which is not a good and entrepreneurs through excessive Mr. GRAVES of Missouri. Mr. Chair- thing at all. In fact, that scares me in regulation. According to the Small man, I have no further requests for and of itself. In 8 years of the Bush ad- Business Administration, regulations time, and I reserve the balance of my ministration you had $60 billion in cost the American economy $1.75 tril- time. extra regulations. lion annually. Ms. VELA´ ZQUEZ. How much time do The Obama administration has added I have left, please? $40 billion in only 3 years. So at the b 1550 The CHAIR. The gentlewoman from rate that that administration’s on, it’s The Obama administration has issued New York has 13⁄4 minutes remaining. going to far outweigh any administra- 200 such regulations that are expected Ms. VELA´ ZQUEZ. I yield 1 minute to tion. to cost our economy at least $100 mil- the gentlelady from Texas (Ms. JACK- But my point is, I don’t care what ad- lion each, and seven of these regula- SON LEE). ministration it is. I don’t care if it’s a tions have a pricetag of over $1 billion. Ms. JACKSON LEE of Texas. Mr. Republican administration or a Demo- The President has long touted the job Chairman, it is clear, when I have the crat administration. I want to make creation of his so-called stimulus. But ranking member of the Small Business darn sure that those agencies comply every $1 million increase in the Federal Committee who has an enormous his- with the Regulatory Flexibility Act, regulatory budget costs 420 private sec- tory of commitment to small busi- and I want to make darn sure that tor jobs for hardworking Americans. nesses, and the ranking member of the those agencies take into account how This is why I am urging passage of Judiciary Committee, both former much this is going to cost small busi- House Resolution 527, the Regulatory chairs, opposing this bill, then we obvi- ness when they’re implementing some Flexibility Improvements Act of 2011. ously know that it is problematic. of these ridiculous regulations that This legislation will give real teeth to What I know of small businesses is they’re asking small business staff to the Regulatory Flexibility Act of 1980, that they, frankly, want to have an an- comply with. which mandated that Federal agencies chor to promote and propel their busi- Some of this stuff is outrageous, and first assess the economic impact of ness needs. The regulatory scheme and it needs to be studied, or it needs to be their regulations on small businesses the underlying premise of this bill is to taken care of, or it needs to be stopped. before going forward with them. It is eliminate any anchor for our small But these agencies—and again, I don’t time to put small businesses first. businesses. And when you do that, care what administration it is—they Ms. VELA´ ZQUEZ. Mr. Chairman, you’re clearly undermining their need to have to comply with this and may I inquire as to how much time growth and opportunity. they need to understand what the con- each side has. I would add, as well, that I challenge sequences are. The CHAIR. The gentlewoman from as to whether or not this debate today With that, I would urge my col- New York has 3 minutes remaining. creates any opportunity for small busi- leagues to support the bill, and I yield The gentleman from Missouri has 5 ness, provides them access to credit, back the balance of my time. minutes remaining. guarantees any loans, creates any jobs. Mr. HOLT. Mr. Chair, two of the bills before Ms. VELA´ ZQUEZ. I yield myself 1 Absolutely not, and it is absurd that us this week are just two more bills that will minute. we would suggest that agencies that not create jobs, endanger the public health, I need to set the record straight re- are trying to promote small businesses and waste the time and money of the Amer- garding the previous Member who just are stopping small businesses and, ican people. These bills are trying to block spoke about how many regulations therefore, we want to implode the regu- new regulations under the misguided notion have been issued under the Obama ad- latory scheme. that all regulations are bad and prevent eco- ministration. The APA provides an opportunity for nomic growth. This misguided approach delib- Let me remind people here that, ac- due process through the court system. erately ignores that regulations have improved cording to the conservative Heritage If our colleagues have problems with the safety of our children’s toys, made our air

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\K01DE7.069 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8041 and water cleaner, and even saved the lives Sec. 6. Procedures for gathering comments. ed by adding at the end the following new para- and limbs of our nation’s workers. Sec. 7. Periodic review of rules. graph: As the AFL–CIO has H.R. 527, the so-called Sec. 8. Judicial review of compliance with the ‘‘(10) LAND MANAGEMENT PLAN.— requirements of the Regulatory ‘‘(A) IN GENERAL.—The term ‘land manage- ‘‘Regulatory Flexibility Improvements Act’’ Flexibility Act available after ment plan’ means— would expand the reach and scope of the publication of the final rule. ‘‘(i) any plan developed by the Secretary of Regulatory Flexibility Act by covering regula- Sec. 9. Jurisdiction of court of appeals over Agriculture under section 6 of the Forest and tions that may have an indirect effect on small rules implementing the Regulatory Rangeland Renewable Resources Planning Act businesses and adding a host of new analyt- Flexibility Act. of 1974 (16 U.S.C. 1604); and ical requirements that will make it even more Sec. 10. Clerical amendments. ‘‘(ii) any plan developed by the Secretary of Sec. 11. Agency preparation of guides. Interior under section 202 of the Federal Land difficult for agencies to take action to protect SEC. 2. CLARIFICATION AND EXPANSION OF Policy and Management Act of 1976 (43 U.S.C. workers and the public. Almost any action an RULES COVERED BY THE REGU- 1712). agency proposes—including something as LATORY FLEXIBILITY ACT. ‘‘(B) REVISION.—The term ‘revision’ means simple as a guidance document designed to (a) IN GENERAL.—Paragraph (2) of section 601 any change to a land management plan which— help a business comply with a rule—could be of title 5, United States Code, is amended to ‘‘(i) in the case of a plan described in sub- subject to a lengthy regulatory process. While read as follows: paragraph (A)(i), is made under section 6(f)(5) ‘‘(2) RULE.—The term ‘rule’ has the meaning the bill purports to be focused on small busi- of the Forest and Rangeland Renewable Re- given such term in section 551(4) of this title, ex- sources Planning Act of 1974 (16 U.S.C. ness, it would cover more than 99 percent of cept that such term does not include a rule of 1604(f)(5)); or all employers, including firms in some indus- particular (and not general) applicability relat- ‘‘(ii) in the case of a plan described in sub- tries with up to 1,500 workers or $35.5 million ing to rates, , corporate or financial struc- paragraph (A)(ii), is made under section 1610.5– in annual revenues. It is a special interest bail- tures or reorganizations thereof, prices, facili- 6 of title 43, Code of Federal Regulations (or any out for business. ties, appliances, services, or allowances therefor successor regulation). H.R. 3010, the so-called ‘‘Regulatory Ac- or to valuations, costs or accounting, or prac- ‘‘(C) AMENDMENT.—The term ‘amendment’ countability Act’’, is equally odious. This bill tices relating to such rates, wages, structures, means any change to a land management plan which— would effectively eviscerate the Occupational prices, appliances, services, or allowances.’’. (b) INCLUSION OF RULES WITH INDIRECT EF- ‘‘(i) in the case of a plan described in sub- Safety and Health Act and Mine Safety and FECTS.—Section 601 of title 5, United States paragraph (A)(i), is made under section 6(f)(4) Health Act. As critics have noted, the bill Code, is amended by adding at the end the fol- of the Forest and Rangeland Renewable Re- would require agencies to adopt the least lowing new paragraph: sources Planning Act of 1974 (16 U.S.C. costly rule, instead of the most protective rule ‘‘(9) ECONOMIC IMPACT.—The term ‘economic 1604(f)(4)) and with respect to which the Sec- as is now required by the OSH Act and MSH impact’ means, with respect to a proposed or retary of Agriculture prepares a statement de- Act. It would make protecting workers and the final rule— scribed in section 102(2)(C) of the National Envi- ‘‘(A) any direct economic effect on small enti- ronmental Policy Act of 1969 (42 U.S.C. public secondary to limiting costs and impacts ties of such rule; and 4332(2)(C)); or on businesses and corporations. If enacted, ‘‘(B) any indirect economic effect on small en- ‘‘(ii) in the case of a plan described in sub- this legislation would be a license for busi- tities which is reasonably foreseeable and re- paragraph (A)(ii), is made under section 1610.5– nesses to cut corners and endanger workers sults from such rule (without regard to whether 5 of title 43, Code of Federal Regulations (or any and the public in the pursuit of ever greater small entities will be directly regulated by the successor regulation) and with respect to which profits—all at the expense of the public good. rule).’’. the Secretary of the Interior prepares a state- I urge my colleagues to join me in rejecting (c) INCLUSION OF RULES WITH BENEFICIAL EF- ment described in section 102(2)(C) of the Na- FECTS.— both of these atrocious bills so we can get on tional Environmental Policy Act of 1969 (42 (1) INITIAL REGULATORY FLEXIBILITY ANAL- U.S.C. 4332(2)(C)).’’. with the business of creating real jobs. YSIS.—Subsection (c) of section 603 of title 5, (f) INCLUSION OF CERTAIN INTERPRETIVE The CHAIR. All time for general de- United States Code, is amended by striking the RULES INVOLVING THE INTERNAL REVENUE bate has expired. first sentence and inserting ‘‘Each initial regu- LAWS.— Pursuant to the rule, the bill shall be latory flexibility analysis shall also contain a (1) IN GENERAL.—Subsection (a) of section 603 considered for amendment under the 5- detailed description of alternatives to the pro- of title 5, United States Code, is amended by minute rule. posed rule which minimize any adverse signifi- striking the period at the end and inserting ‘‘or In lieu of the amendments in the na- cant economic impact or maximize any bene- a recordkeeping requirement, and without re- ture of a substitute recommended by ficial significant economic impact on small enti- gard to whether such requirement is imposed by the Committees on the Judiciary and ties.’’. statute or regulation.’’. (2) FINAL REGULATORY FLEXIBILITY ANAL- (2) COLLECTION OF INFORMATION.—Paragraph Small Business printed in the bill, it YSIS.—The first paragraph (6) of section 604(a) (7) of section 601 of title 5, United States Code, shall be in order to consider as an of title 5, United States Code, is amended by is amended to read as follows: original bill for the purpose of amend- striking ‘‘minimize the significant economic im- ‘‘(7) COLLECTION OF INFORMATION.—The term ment under the 5-minute rule an pact’’ and inserting ‘‘minimize the adverse sig- ‘collection of information’ has the meaning amendment in the nature of a sub- nificant economic impact or maximize the bene- given such term in section 3502(3) of title 44.’’. stitute consisting of the text of the ficial significant economic impact’’. (3) RECORDKEEPING REQUIREMENT.—Para- Rules Committee Print dated Novem- (d) INCLUSION OF RULES AFFECTING TRIBAL graph (8) of section 601 of title 5, United States ORGANIZATIONS.—Paragraph (5) of section 601 Code, is amended to read as follows: ber 18, 2011. That amendment in the na- of title 5, United States Code, is amended by in- ‘‘(8) RECORDKEEPING REQUIREMENT.—The term ture of a substitute shall be considered serting ‘‘and tribal organizations (as defined in ‘recordkeeping requirement’ has the meaning as read. section 4(l) of the Indian Self-Determination given such term in section 3502(13) of title 44.’’. The text of the amendment in the na- and Education Assistance Act (25 U.S.C. (g) DEFINITION OF SMALL ORGANIZATION.— ture of a substitute is as follows: 450b(l))),’’ after ‘‘special districts,’’. Paragraph (4) of section 601 of title 5, United H.R. 527 (e) INCLUSION OF LAND MANAGEMENT PLANS States Code, is amended to read as follows: AND FORMAL RULE MAKING.— ‘‘(4) SMALL ORGANIZATION.— Be it enacted by the Senate and House of Rep- (1) INITIAL REGULATORY FLEXIBILITY ANAL- ‘‘(A) IN GENERAL.—The term ‘small organiza- resentatives of the United States of America in YSIS.—Subsection (a) of section 603 of title 5, tion’ means any not-for-profit enterprise which, Congress assembled, United States Code, is amended in the first sen- as of the issuance of the notice of proposed rule- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tence— making— (a) SHORT TITLE.—This Act may be cited as (A) by striking ‘‘or’’ after ‘‘proposed rule,’’; ‘‘(i) in the case of an enterprise which is de- the ‘‘Regulatory Flexibility Improvements Act of and scribed by a classification code of the North 2011’’. (B) by inserting ‘‘or publishes a revision or American Industrial Classification System, does (b) TABLE OF CONTENTS.—The table of con- amendment to a land management plan,’’ after not exceed the size standard established by the tents of this Act is as follows: ‘‘United States,’’. Administrator of the Small Business Administra- Sec. 1. Short title; table of contents. (2) FINAL REGULATORY FLEXIBILITY ANAL- tion pursuant to section 3 of the Small Business Sec. 2. Clarification and expansion of rules cov- YSIS.—Subsection (a) of section 604 of title 5, Act (15 U.S.C. 632) for small business concerns ered by the Regulatory Flexibility United States Code, is amended in the first sen- described by such classification code; and Act. tence— ‘‘(ii) in the case of any other enterprise, has Sec. 3. Expansion of report of regulatory agen- (A) by striking ‘‘or’’ after ‘‘proposed rule- a net worth that does not exceed $7,000,000 and da. making,’’; and has not more than 500 employees. Sec. 4. Requirements providing for more de- (B) by inserting ‘‘or adopts a revision or ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In the tailed analyses. amendment to a land management plan,’’ after case of any local labor organization, subpara- Sec. 5. Repeal of waiver and delay authority; ‘‘section 603(a),’’. graph (A) shall be applied without regard to Additional powers of the Chief (3) LAND MANAGEMENT PLAN DEFINED.—Sec- any national or international organization of Counsel for Advocacy. tion 601 of title 5, United States Code, is amend- which such local labor organization is a part.

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‘‘(C) AGENCY DEFINITIONS.—Subparagraphs (2) of section 604(a) of title 5, United States (2) Section 611(a)(2) of such title is amended (A) and (B) shall not apply to the extent that Code, is amended by inserting ‘‘(or certification by striking ‘‘608(b),’’. an agency, after consultation with the Office of of the proposed rule under section 605(b))’’ after (3) Section 611(a)(3) of such title is amended— Advocacy of the Small Business Administration ‘‘initial regulatory flexibility analysis’’. (A) by striking subparagraph (B); and and after opportunity for public comment, es- (3) PUBLICATION OF ANALYSIS ON WEBSITE.— (B) by striking ‘‘(3)(A) A small entity’’ and in- tablishes one or more definitions for such term Subsection (b) of section 604 of title 5, United serting the following: which are appropriate to the activities of the States Code, is amended to read as follows: ‘‘(3) A small entity’’. agency and publishes such definitions in the ‘‘(b) The agency shall make copies of the final SEC. 6. PROCEDURES FOR GATHERING COM- Federal Register.’’. regulatory flexibility analysis available to the MENTS. SEC. 3. EXPANSION OF REPORT OF REGULATORY public, including placement of the entire anal- Section 609 of title 5, United States Code, is AGENDA. ysis on the agency’s website, and shall publish amended by striking subsection (b) and all that Section 602 of title 5, United States Code, is in the Federal Register the final regulatory follows through the end of the section and in- amended— flexibility analysis, or a summary thereof which serting the following: (1) in subsection (a)— includes the telephone number, mailing address, ‘‘(b)(1) Prior to publication of any proposed (A) in paragraph (2), by striking ‘‘, and’’ at and link to the website where the complete anal- rule described in subsection (e), an agency mak- the end and inserting ‘‘;’’; ysis may be obtained.’’. ing such rule shall notify the Chief Counsel for (B) by redesignating paragraph (3) as para- (c) CROSS-REFERENCES TO OTHER ANALYSES.— Advocacy of the Small Business Administration graph (4); and Subsection (a) of section 605 of title 5, United and provide the Chief Counsel with— (C) by inserting after paragraph (2) the fol- States Code, is amended to read as follows: ‘‘(A) all materials prepared or utilized by the lowing: ‘‘(a) A Federal agency shall be treated as sat- agency in making the proposed rule, including ‘‘(3) a brief description of the sector of the isfying any requirement regarding the content the draft of the proposed rule; and North American Industrial Classification System of an agenda or regulatory flexibility analysis ‘‘(B) information on the potential adverse and that is primarily affected by any rule which the under section 602, 603, or 604, if such agency beneficial economic impacts of the proposed rule agency expects to propose or promulgate which provides in such agenda or analysis a cross-ref- on small entities and the type of small entities is likely to have a significant economic impact erence to the specific portion of another agenda that might be affected. on a substantial number of small entities; and’’; or analysis which is required by any other law ‘‘(2) An agency shall not be required under and and which satisfies such requirement.’’. paragraph (1) to provide the exact language of (2) in subsection (c), to read as follows: (d) CERTIFICATIONS.—Subsection (b) of section any draft if the rule— ‘‘(c) Each agency shall prominently display a 605 of title 5, United States Code, is amended— ‘‘(A) relates to the internal revenue laws of plain language summary of the information con- (1) by inserting ‘‘detailed’’ before ‘‘statement’’ the United States; or tained in the regulatory flexibility agenda pub- the first place it appears; and ‘‘(B) is proposed by an independent regu- lished under subsection (a) on its website within (2) by inserting ‘‘and legal’’ after ‘‘factual’’. latory agency (as defined in section 3502(5) of (e) QUANTIFICATION REQUIREMENTS.—Section 3 days of its publication in the Federal Register. title 44). 607 of title 5, United States Code, is amended to The Office of Advocacy of the Small Business ‘‘(c) Not later than 15 days after the receipt of read as follows: Administration shall compile and prominently such materials and information under sub- display a plain language summary of the regu- ‘‘§ 607. Quantification requirements section (b), the Chief Counsel for Advocacy of latory agendas referenced in subsection (a) for ‘‘In complying with sections 603 and 604, an the Small Business Administration shall— each agency on its website within 3 days of their agency shall provide— ‘‘(1) identify small entities or representatives publication in the Federal Register.’’. ‘‘(1) a quantifiable or numerical description of of small entities or a combination of both for the purpose of obtaining advice, input, and rec- SEC. 4. REQUIREMENTS PROVIDING FOR MORE the effects of the proposed or final rule and al- DETAILED ANALYSES. ternatives to the proposed or final rule; or ommendations from those persons about the po- (a) INITIAL REGULATORY FLEXIBILITY ANAL- ‘‘(2) a more general descriptive statement and tential economic impacts of the proposed rule YSIS.—Subsection (b) of section 603 of title 5, a detailed statement explaining why quantifica- and the compliance of the agency with section United States Code, is amended to read as fol- tion is not practicable or reliable.’’. 603; and lows: SEC. 5. REPEAL OF WAIVER AND DELAY AUTHOR- ‘‘(2) convene a review panel consisting of an ‘‘(b) Each initial regulatory flexibility anal- ITY; ADDITIONAL POWERS OF THE employee from the Office of Advocacy of the CHIEF COUNSEL FOR ADVOCACY. ysis required under this section shall contain a Small Business Administration, an employee (a) IN GENERAL.—Section 608 is amended to detailed statement— from the agency making the rule, and in the read as follows: ‘‘(1) describing the reasons why action by the case of an agency other than an independent agency is being considered; ‘‘§ 608. Additional powers of Chief Counsel for regulatory agency (as defined in section 3502(5) ‘‘(2) describing the objectives of, and legal Advocacy of title 44), an employee from the Office of Infor- basis for, the proposed rule; ‘‘(a)(1) Not later than 270 days after the date mation and Regulatory Affairs of the Office of ‘‘(3) estimating the number and type of small of the enactment of the Regulatory Flexibility Management and Budget to review the materials entities to which the proposed rule will apply; Improvements Act of 2011, the Chief Counsel for and information provided to the Chief Counsel ‘‘(4) describing the projected reporting, record- Advocacy of the Small Business Administration under subsection (b). keeping, and other compliance requirements of shall, after opportunity for notice and comment ‘‘(d)(1) Not later than 60 days after the review the proposed rule, including an estimate of the under section 553, issue rules governing agency panel described in subsection (c)(2) is convened, classes of small entities which will be subject to compliance with this chapter. The Chief Counsel the Chief Counsel for Advocacy of the Small the requirement and the type of professional may modify or amend such rules after notice Business Administration shall, after consulta- skills necessary for preparation of the report and comment under section 553. This chapter tion with the members of such panel, submit a and record; (other than this subsection) shall not apply with report to the agency and, in the case of an ‘‘(5) describing all relevant Federal rules respect to the issuance, modification, and agency other than an independent regulatory which may duplicate, overlap, or conflict with amendment of rules under this paragraph. agency (as defined in section 3502(5) of title 44), the proposed rule, or the reasons why such a de- ‘‘(2) An agency shall not issue rules which the Office of Information and Regulatory Af- scription could not be provided; supplement the rules issued under subsection (a) fairs of the Office of Management and Budget. ‘‘(6) estimating the additional cumulative eco- unless such agency has first consulted with the ‘‘(2) Such report shall include an assessment nomic impact of the proposed rule on small enti- Chief Counsel for Advocacy to ensure that such of the economic impact of the proposed rule on ties beyond that already imposed on the class of supplemental rules comply with this chapter small entities, including an assessment of the small entities by the agency or why such an es- and the rules issued under paragraph (1). proposed rule’s impact on the cost that small en- timate is not available; and ‘‘(b) Notwithstanding any other law, the tities pay for energy, and a discussion of any al- ‘‘(7) describing any disproportionate economic Chief Counsel for Advocacy of the Small Busi- ternatives that will minimize adverse significant impact on small entities or a specific class of ness Administration may intervene in any agen- economic impacts or maximize beneficial signifi- small entities.’’. cy adjudication (unless such agency is author- cant economic impacts on small entities. (b) FINAL REGULATORY FLEXIBILITY ANAL- ized to impose a fine or penalty under such ad- ‘‘(3) Such report shall become part of the rule- YSIS.— judication), and may inform the agency of the making record. In the publication of the pro- (1) IN GENERAL.—Section 604(a) of title 5, impact that any decision on the record may posed rule, the agency shall explain what ac- United States Code, is amended— have on small entities. The Chief Counsel shall tions, if any, the agency took in response to (A) in paragraph (4), by striking ‘‘an expla- not initiate an appeal with respect to any adju- such report. nation’’ and inserting ‘‘a detailed explanation’’; dication in which the Chief Counsel intervenes ‘‘(e) A proposed rule is described by this sub- (B) in each of paragraphs (4), (5), and the under this subsection. section if the Administrator of the Office of In- first paragraph (6), by inserting ‘‘detailed’’ be- ‘‘(c) The Chief Counsel for Advocacy may file formation and Regulatory Affairs of the Office fore ‘‘description’’; and comments in response to any agency notice re- of Management and Budget, the head of the (C) by adding at the end the following: questing comment, regardless of whether the agency (or the delegatee of the head of the ‘‘(7) describing any disproportionate economic agency is required to file a general notice of pro- agency), or an independent regulatory agency impact on small entities or a specific class of posed rulemaking under section 553.’’. determines that the proposed rule is likely to re- small entities.’’. (b) CONFORMING AMENDMENTS.— sult in— (2) INCLUSION OF RESPONSE TO COMMENTS ON (1) Section 611(a)(1) of such title is amended ‘‘(1) an annual effect on the economy of CERTIFICATION OF PROPOSED RULE.—Paragraph by striking ‘‘608(b),’’. $100,000,000 or more;

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.012 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8043 ‘‘(2) a major increase in costs or prices for or rescind the rule to minimize any adverse sig- (1) in subparagraph (D), by striking ‘‘and’’ at consumers, individual industries, Federal, State, nificant economic impact on a substantial num- the end; or local governments, tribal organizations, or ge- ber of small entities or disproportionate eco- (2) in subparagraph (E), by striking the period ographic regions; nomic impact on a specific class of small enti- at the end and inserting ‘‘; and’’; and ‘‘(3) significant adverse effects on competition, ties, or maximize any beneficial significant eco- (3) by adding at the end the following new employment, investment, productivity, innova- nomic impact of the rule on a substantial num- subparagraph: tion, or on the ability of United States-based en- ber of small entities to the greatest extent pos- ‘‘(F) the Office of Advocacy of the Small Busi- terprises to compete with foreign-based enter- sible, consistent with the stated objectives of ap- ness Administration, when the final rule is prises in domestic and export markets; or plicable statutes. In amending or rescinding the under section 608(a) of title 5.’’. ‘‘(4) a significant economic impact on a sub- rule, the agency shall consider the following (c) AUTHORIZATION TO INTERVENE AND COM- stantial number of small entities. factors: MENT ON AGENCY COMPLIANCE WITH ADMINIS- ‘‘(f) Upon application by the agency, the ‘‘(1) The continued need for the rule. TRATIVE PROCEDURE.—Subsection (b) of section Chief Counsel for Advocacy of the Small Busi- ‘‘(2) The nature of complaints received by the 612 of title 5, United States Code, is amended by ness Administration may waive the requirements agency from small entities concerning the rule. inserting ‘‘chapter 5, and chapter 7,’’ after ‘‘this of subsections (b) through (e) if the Chief Coun- ‘‘(3) Comments by the Regulatory Enforcement chapter,’’. sel determines that compliance with the require- Ombudsman and the Chief Counsel for Advo- ments of such subsections are impracticable, un- cacy of the Small Business Administration. SEC. 10. CLERICAL AMENDMENTS. necessary, or contrary to the public interest.’’. ‘‘(4) The complexity of the rule. (a) Section 601 of title 5, United States Code, is amended— SEC. 7. PERIODIC REVIEW OF RULES. ‘‘(5) The extent to which the rule overlaps, Section 610 of title 5, United States Code, is duplicates, or conflicts with other Federal rules (1) in paragraph (1)— amended to read as follows: and, unless the head of the agency determines it (A) by striking the semicolon at the end and to be infeasible, State, territorial, and local inserting a period; and ‘‘§ 610. Periodic review of rules rules. (B) by striking ‘‘(1) the term’’ and inserting ‘‘(a) Not later than 180 days after the enact- ‘‘(6) The contribution of the rule to the cumu- the following: ment of the Regulatory Flexibility Improvements lative economic impact of all Federal rules on ‘‘(1) AGENCY.—The term’’; Act of 2011, each agency shall publish in the the class of small entities affected by the rule, (2) in paragraph (3)— Federal Register and place on its website a plan unless the head of the agency determines that (A) by striking the semicolon at the end and for the periodic review of rules issued by the such calculations cannot be made and reports inserting a period; and agency which the head of the agency determines that determination in the annual report re- (B) by striking ‘‘(3) the term’’ and inserting have a significant economic impact on a sub- quired under subsection (d). the following: stantial number of small entities. Such deter- ‘‘(7) The length of time since the rule has been ‘‘(3) SMALL BUSINESS.—The term’’; mination shall be made without regard to evaluated or the degree to which technology, (3) in paragraph (5)— whether the agency performed an analysis economic conditions, or other factors have (A) by striking the semicolon at the end and under section 604. The purpose of the review changed in the area affected by the rule. inserting a period; and shall be to determine whether such rules should ‘‘(f) The agency shall publish in the Federal (B) by striking ‘‘(5) the term’’ and inserting be continued without change, or should be Register and on its website a list of rules to be the following: amended or rescinded, consistent with the stated reviewed pursuant to such plan. Such publica- ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— objectives of applicable statutes, to minimize tion shall include a brief description of the rule, The term’’; and any adverse significant economic impacts or the reason why the agency determined that it (4) in paragraph (6)— maximize any beneficial significant economic has a significant economic impact on a substan- (A) by striking ‘‘; and’’ and inserting a pe- impacts on a substantial number of small enti- tial number of small entities (without regard to riod; and ties. Such plan may be amended by the agency whether it had prepared a final regulatory flexi- (B) by striking ‘‘(6) the term’’ and inserting at any time by publishing the revision in the bility analysis for the rule), and request com- the following: Federal Register and subsequently placing the ments from the public, the Chief Counsel for Ad- ‘‘(6) SMALL ENTITY.—The term’’. amended plan on the agency’s website. vocacy of the Small Business Administration, (b) The heading of section 605 of title 5, ‘‘(b) The plan shall provide for the review of and the Regulatory Enforcement Ombudsman United States Code, is amended to read as fol- all such agency rules existing on the date of the concerning the enforcement of the rule.’’. lows: enactment of the Regulatory Flexibility Im- SEC. 8. JUDICIAL REVIEW OF COMPLIANCE WITH provements Act of 2011 within 10 years of the ‘‘§ 605. Incorporations by reference and certifi- THE REQUIREMENTS OF THE REGU- cations’’. date of publication of the plan in the Federal LATORY FLEXIBILITY ACT AVAIL- Register and for review of rules adopted after ABLE AFTER PUBLICATION OF THE (c) The table of sections for chapter 6 of title the date of enactment of the Regulatory Flexi- FINAL RULE. 5, United States Code, is amended— bility Improvements Act of 2011 within 10 years (a) IN GENERAL.—Paragraph (1) of section (1) by striking the item relating to section 605 after the publication of the final rule in the 611(a) of title 5, United States Code, is amended and inserting the following new item: Federal Register. If the head of the agency de- by striking ‘‘final agency action’’ and inserting ‘‘605. Incorporations by reference and certifi- termines that completion of the review of exist- ‘‘such rule’’. cations.’’; ing rules is not feasible by the established date, (b) JURISDICTION.—Paragraph (2) of such sec- (2) by striking the item relating to section 607 the head of the agency shall so certify in a tion is amended by inserting ‘‘(or which would and inserting the following new item: statement published in the Federal Register and have such jurisdiction if publication of the final may extend the review for not longer than 2 rule constituted final agency action)’’ after ‘‘607. Quantification requirements.’’; and years after publication of notice of extension in ‘‘provision of law,’’. (3) by striking the item relating to section 608 the Federal Register. Such certification and no- (c) TIME FOR BRINGING ACTION.—Paragraph and inserting the following: tice shall be sent to the Chief Counsel for Advo- (3) of such section is amended— (1) by striking ‘‘final agency action’’ and in- ‘‘608. Additional powers of Chief Counsel for cacy of the Small Business Administration and Advocacy.’’. the Congress. serting ‘‘publication of the final rule’’; and (d) Chapter 6 of title 5, United States Code, is ‘‘(c) The plan shall include a section that de- (2) by inserting ‘‘, in the case of a rule for amended as follows: tails how an agency will conduct outreach to which the date of final agency action is the (1) In section 603, by striking subsection (d). and meaningfully include small businesses for same date as the publication of the final rule,’’ (2) In section 604(a) by striking the second the purposes of carrying out this section. The after ‘‘except that’’. (d) INTERVENTION BY CHIEF COUNSEL FOR AD- paragraph (6). agency shall include in this section a plan for VOCACY.—Subsection (b) of section 612 of title 5, how the agency will contact small businesses SEC. 11. AGENCY PREPARATION OF GUIDES. United States Code, is amended by inserting be- and gather their input on existing agency rules. Section 212(a)(5) the Small Business Regu- ‘‘(d) Each agency shall annually submit a re- fore the first period ‘‘or agency compliance with latory Enforcement Fairness Act of 1996 (5 port regarding the results of its review pursuant section 601, 603, 604, 605(b), 609, or 610’’. U.S.C. 601 note) is amended to read as follows: to such plan to the Congress, the Chief Counsel SEC. 9. JURISDICTION OF COURT OF APPEALS ‘‘(5) AGENCY PREPARATION OF GUIDES.—The for Advocacy of the Small Business Administra- OVER RULES IMPLEMENTING THE agency shall, in its sole discretion, taking into REGULATORY FLEXIBILITY ACT. tion, and, in the case of agencies other than account the subject matter of the rule and the (a) IN GENERAL.—Section 2342 of title 28, language of relevant statutes, ensure that the independent regulatory agencies (as defined in United States Code, is amended— section 3502(5) of title 44) to the Administrator of (1) in paragraph (6), by striking ‘‘and’’ at the guide is written using sufficiently plain lan- the Office of Information and Regulatory Af- end; guage likely to be understood by affected small fairs of the Office of Management and Budget. (2) in paragraph (7), by striking the period at entities. Agencies may prepare separate guides Such report shall include the identification of the end and inserting ‘‘; and’’; and covering groups or classes of similarly affected any rule with respect to which the head of the (3) by inserting after paragraph (7) the fol- small entities and may cooperate with associa- agency made a determination described in para- lowing new paragraph: tions of small entities to distribute such guides. graph (5) or (6) of subsection (e) and a detailed ‘‘(8) all final rules under section 608(a) of title In developing guides, agencies shall solicit input explanation of the reasons for such determina- 5.’’. from affected small entities or associations of af- tion. (b) CONFORMING AMENDMENTS.—Paragraph fected small entities. An agency may prepare ‘‘(e) In reviewing a rule pursuant to sub- (3) of section 2341 of title 28, United States Code, guides and apply this section with respect to a sections (a) through (d), the agency shall amend is amended— rule or a group of related rules.’’.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A01DE7.012 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8044 CONGRESSIONAL RECORD — HOUSE December 1, 2011 The CHAIR. No amendment to that given a fair shake at the important AMENDMENT NO. 2 OFFERED BY MS. JACKSON amendment in the nature of a sub- government procurement market in LEE OF TEXAS stitute shall be in order except those these foreign countries. Such agree- The CHAIR. It is now in order to con- printed in part A of House Report 112– ments can help to lower the threshold sider amendment No. 2 printed in part 296. Each such amendment may be of- at which contracts must be put out for A of House Report 112–296. fered only in the order printed in the competitive bid ensuring that even Ms. JACKSON LEE of Texas. I have report, by a Member designated in the small U.S. companies can be part of the an amendment at the desk. report, shall be considered read, shall process. Some of those contracts for The CHAIR. The Clerk will designate be debatable for the time specified in roads, schools, clinics, distance learn- the amendment. the report, equally divided and con- ing, and medical equipment, for exam- The text of the amendment is as fol- trolled by the proponent and an oppo- ple, can be ideally suited to smaller lows: nent, shall not be subject to amend- U.S. companies. Page 23, add the following after line 24 and ment, and shall not be subject to a de- My amendment makes sure that redesignate succeeding sections (and ref- mand for division of the question. small businesses are not forgotten erences thereto) accordingly: SEC. 9. EXEMPTION FOR CERTAIN RULES. AMENDMENT NO. 1 OFFERED BY MR. CRITZ when trade agreements are imple- The CHAIR. It is now in order to con- mented. It requires that agencies’ regu- (a) IN GENERAL.—Chapter 6 of title 5, United States Code, is amended by adding at sider amendment No. 1 printed in part latory flexibility analyses assess the the end the following new section: A of House Report 112–296. cumulative impact of any rule stem- ‘‘§ 613. Exemption for certain rules Mr. CRITZ. Mr. Chairman, I have an ming from the implementation of a amendment at the desk. free trade agreement. Doing so will ‘‘Sections 601 through 612, as amended by the Regulatory Flexibility Improvements The CHAIR. The Clerk will designate make certain that small firms’ voices Act of 2011, shall not apply in the case of any the amendment. are part of the process in these impor- rule promulgated by the Department of The text of the amendment is as fol- tant deliberations. Homeland Security. The provisions of this lows: Being part of the process will enable chapter, as in effect before the enactment of Page 10, line 26, insert ‘‘, or the cumulative small firms to benefit from trade the Regulatory Flexibility Improvements impact of any other rule stemming from the agreements and use them as a means to Act of 2011, shall continue to apply, after implementation of the Free Trade Agree- access foreign markets and customers. such enactment, to any rule described in the preceding sentence.’’. ments,’’ before ‘‘on small entities’’. I urge Members to vote ‘‘yes’’ on this The CHAIR. Pursuant to House Reso- (b) CLERICAL AMENDMENT.—The table of amendment. sections for chapter 6 of title 5, United lution 477, the gentleman from Penn- I reserve the balance of my time. States Code, is amended by adding after the sylvania (Mr. CRITZ) and a Member op- Mr. SMITH of Texas. Mr. Chairman, I item relating to section 612 the following posed each will control 5 minutes. claim time in opposition to the amend- new item: The Chair recognizes the gentleman ment even though I do not oppose the ‘‘613. Exemption for certain rules.’’. from Pennsylvania. amendment. Page 24, line 13, insert after ‘‘5’’ the fol- Mr. CRITZ. Mr. Chairman, I yield lowing: ‘‘(other than rules to which section myself as much time as I may con- The CHAIR. Without objection, the gentleman is recognized for 5 minutes. 613 of title 5 applies)’’. sume. Page 27, lines 5 and 6, strike ‘‘The agency Trade is critical to the growth of There was no objection. shall’’ and insert the following: small business. A quarter of a million Mr. SMITH of Texas. Mr. Chairman, I ‘‘(A) IN GENERAL.—Subject to subparagraph U.S. companies export to foreign mar- support this amendment. (B), the agency shall’’. kets, the large majority of them small The amendment aims to require an Page 27, line 18, strike the quotation marks and second period. and medium-sized enterprises that em- agency to account for rules imple- Page 27, add the following after line 18: ploy 500 or fewer workers. In fact, ac- menting the free trade agreements ‘‘(B) TREATMENT OF CERTAIN RULES.—In the cording to the U.S. Chamber of Com- when the agency considers the cumu- case of any rule promulgated by the Depart- merce, more than 230,000 small and me- lative impact of a proposed rule. I sup- ment of Homeland Security, this paragraph dium enterprises now account for near- port free trade because I believe it is in as in effect before the enactment of the Reg- ly 30 percent of U.S. merchandise ex- the best interest of American business, ulatory Flexibility Improvements Act of ports. The number of such companies workers, and consumers alike. 2011, shall continue to apply, after such en- exporting has more than doubled since actment, to any such rule, in lieu of subpara- The gentleman from Pennsylvania graph (A).’’. 1992 and, according to SBA, 96 percent and I may differ on this issue, but in of the world’s customers live outside the context of this amendment, that is The CHAIR. Pursuant to House Reso- the U.S., representing two-thirds of the beside the point. It can’t hurt to make lution 477, the gentlewoman from world’s purchasing power. sure that agencies consider the impact Texas (Ms. JACKSON LEE) and a Member Given this critical role, we need to of rules implementing the free trade opposed each will control 5 minutes. make sure trade agreements assist agreements in their regulatory cumu- The Chair recognizes the gentle- small businesses. Trade agreements lative impact calculations. I don’t woman from Texas. should help reduce redtape and in- think the analysis will show that free Ms. JACKSON LEE of Texas. Mr. crease transparency, but too often trade destroys American small busi- Chairman, I yield myself such time as small businesses lack the resources and nesses. Quite the opposite is true, in I may consume. foreign business partners available to fact. But that isn’t a reason not to do I rise today to call upon the rational large companies to navigate through the analysis. We should know how and reasonable thinking of my col- opaque customs and legal systems to these kinds of regulations contribute leagues on both sides of the aisle and reach their customers. to the cumulative regulatory burden really discuss an amendment that Numerous fees and other nontariff on small businesses. speaks the obvious. barriers that can be no more than a The underlying bill puts into process In conclusion, Mr. Chairman, I do a regulatory scheme that delays the nuisance to large multinationals can support this amendment and hope to be deal-breakers for small companies. implementation of regulations. Wheth- have the gentleman from Pennsylva- er you agree or disagree with that ap- Trade agreements must streamline nia’s support for the bill on final pas- rules, reduce nontariff barriers, and proach, we all recognize that securing sage. the homeland continues to be a top pri- provide arbitration procedures so that I yield back the balance of my time. even small U.S. exporters can success- ority for this Nation. Mr. CRITZ. I urge a ‘‘yes’’ vote on fully participate in foreign markets. I’m standing alongside some of our my amendment, and I yield back the first responders looking over one of the b 1600 balance of my time. Nation’s major ports. Many who live in Trade agreements must also open up The CHAIR. The question is on the those areas recognize the vulnerability opportunities for small U.S. exporters amendment offered by the gentleman of America through her ports or avia- to compete for foreign government from Pennsylvania (Mr. CRITZ). tion or mass transit or highways or contracts. U.S. companies should be The amendment was agreed to. bridges or dams.

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.073 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8045 Every moment after 9/11 is a new mo- of Houston and they wanted the De- The Department of Homeland Security sim- ment in this Nation. My amendment partment of Homeland Security to ad- ply does not have the time to be hindered by simply says to waive the provisions of dress it or they used a regulation or frivolous and unnecessary litigation, especially this bill, H.R. 527, when it deals with there was a regulation in process, then when the safety and security of the American homeland security. it would have to be stopped by this leg- people are at risk. I hold in my hand the National Secu- islation. According to a study conducted by the Eco- rity Threat List that lists the issues It is important to recognize that nomic Policy Institute, public protections and that our Homeland Security Depart- homeland security is not security by regulations ‘‘do not tend to significantly im- ment and intelligence communities appointment. It is not security by ‘‘let pede job creation’’, and furthermore, over the have to address. The listing is not clas- me address regulations by having them course of the last several decades, the bene- sified, so I will mention the many vetted by H.R. 527.’’ fits of Federal regulations have significantly tasks that they have to address: ter- This is a commonsense amendment outweighed their costs. rorism, espionage, proliferation, the that simply says, as it deals with the There is no need for this legislation, aside moving forward on the question of eco- homeland security or the securing of from the need of some of my colleagues to nomic espionage, targeting the na- our Nation as we look to be better than protect corporate interests. This bill would tional information structure, cyberse- what occurred in 9/11 where agencies make it more difficult for the government to curity. Why would we want to interfere were not communicating with each protect its citizens, and in the case of the De- with the movement of regulations to other, where the fault of the cybersecu- partment of Homeland Security, it endangers protect the homeland under the rity system did not work, and we had the lives of our citizens. premise of this bill? the heinous tragedy of losing 3,000-plus In our post 9/11 climate, homeland security I ask my colleagues to support the of our souls in New York City. As we continues to be a top priority for our Nation. Jackson Lee amendment that would see the franchising of terrorism where As we continue to face threats from enemies waive the bill’s provisions in light of there is the shoe bomber and the foreign and domestic, we must ensure that we protecting the homeland. Christmas Day bomber and the Times are doing all we can to protect our country. I reserve the balance of my time. Square bomber, it’s important not to The Department of Homeland Security cannot Mr. SMITH of Texas. Mr. Chairman, I have a fettered Homeland Security De- react to the constantly changing threat land- rise in opposition to the amendment. partment in a regulatory process that scape effectively if they are subject to this bill. The Acting CHAIR (Mr. BISHOP of is stopped by overlying legislation. Since the creation of the Department of Utah). The gentleman is recognized for This legislation is a job-killer, we al- Homeland Security in 2002, we have over- 5 minutes. ready know. Let’s not let it be a killer hauled the government in ways never done Mr. SMITH of Texas. I am prepared of Americans because it gets in the before. Steps have been taken to ensure that to close; so I will reserve the balance of way of Homeland Security efforts the communication failures that led to 9/11 do my time. doing the work that is necessary. not happen again. The Department of Home- I ask my colleagues to support the Ms. JACKSON LEE of Texas. Mr. land Security has helped push the United Jackson Lee amendment that asks Chairman, I yield myself the balance of States forward in how we protect our Nation. simply for a waiver of this legislation my time. Continuing to make advances in homeland se- as it addresses the question of securing The Acting CHAIR. The gentlewoman curity and intelligence is the best way to com- the homeland and the regulatory is recognized for 3 minutes. scheme that is needed by intelligence bat the threats we still face. Ms. JACKSON LEE of Texas. Let me Hindering the ability of DHS to make agencies, our Border Patrol agencies, again appeal to the bipartisanship of changes to rules and regulations puts the en- our TSOs that deal with aviation secu- my colleagues. This is a very trouble- tire country at risk. As the Representative for rity, our cargo inspectors. As it relates some bill, and this bill interferes with to that work, our front line, let us the 18th District of Texas, I know about the normal process, if you will, of deal- waive this legislation. vulnerabilities in security firsthand. The Coast ing with the regulatory scheme. Al- Mr. Chair, I rise today in support of my Guard, under the directive of the Department though it’s called the Regulatory amendment to H.R. 527, the Regulatory Flexi- of Homeland Security, is tasked with pro- Flexibility Act, I can assure you that bility Improvements Act of 2011. This bill tecting our ports of entry. Of the 350 major the purpose of this legislation is, one, would amend the Regulatory Flexibility Act, ports in America, the Port of Houston is one not to create jobs, and certainly not to RFA. The bill would expand the number of of the busiest. help us secure the homeland. rules covered by the RFA and requires Fed- More than 220 million tons of cargo moved The bill would add new review re- eral agencies to perform additional analysis of through the Port of Houston in 2010, and the quirements to an already long and regulations that affect small businesses. port ranked first in foreign waterborne tonnage complicated process allowing special As a senior member of the Homeland Secu- for the 15th consecutive year. The port links interest lobbyists to second-guess the rity and ranking member of the Transportation Houston with over 1,000 ports in 203 coun- work of respected scientists and staff Security Subcommittee, I am very concerned tries, and provides 785,000 jobs throughout through legal challenges, sparking a about any legislation that would hinder the De- the state of Texas. Maritime ports are centers wave of litigation. This is what Home- partment of Homeland Security’s ability to re- of trade, commerce, and travel along our Na- land Security regulations would have spond to an emergency, which is why the De- tion’s coastline, protected by the Coast Guard, to go through. partment of Homeland Security, DHS, should under the direction of DHS. Since the creation of the Department be exempt from this legislation. If Coast Guard intelligence has evidence of of Homeland Security in 2002 and since This bill delays the promulgation of federal a potential attack on the port of Houston, I my membership on the committee that regulations, and delays a Federal agency’s want the Department of Homeland Security to was a select committee, we’ve over- ability to issue regulations when responding to be able to protect my constituents, by issuing hauled the government in ways we’ve an emergency and grants the Small Business the regulations needed without being subject never done before. Steps have been Administration’s, SBA, Office of Advocacy ad- to the constraints of this bill. taken to ensure that the communica- ditional authority to intervene in agency rule- The Department of Homeland Security de- tion failures that led to 9/11 are cor- making, without providing additional funding. serves an exemption not only because they rected. Further, H.R. 527 repeals an agency’s author- may need to quickly change regulations in re- More than 220 million tons of cargo ity to waive regulatory analysis during an sponse to new information or threats, but also moved, for example, through the Port emergency. because they are tasked with emergency pre- of Houston in 2010. That cargo has to be The bill would add new review requirements paredness and response. inspected. And the port ranked first in to an already long and complicated process, There are many challenges our communities foreign waterborne tonnage for the allowing special interest lobbyists to second- face when we are confronted with a cata- 15th consecutive year. Just imagine a guess the work of respected scientists and strophic event or a domestic terrorist attack. It regulation dealing with the scanning or staff through legal challenges, sparking a is important for people to understand that our the security of that tonnage to be wave of litigation that would add more costs capacity to deal with hurricanes directly re- interfered with by H.R. 527. and delays to the rulemaking process, poten- flects our ability to respond to a terrorist attack If Coast Guard intelligence had evi- tially putting the lives, health and safety of mil- in Texas or New York, an earthquake in Cali- dence of a potential attack on the Port lions of Americans at risk. fornia, or a nationwide pandemic flu outbreak.

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K01DE7.080 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8046 CONGRESSIONAL RECORD — HOUSE December 1, 2011 On any given day the City of Houston and the Department should analyze how a Page 27, lines 5 and 6, strike ‘‘The agency cities across the United States face a wide- new regulation will affect small busi- shall’’ and insert the following: spread and ever-changing array of threats, nesses before issuing the regulation. If ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the agency shall’’. such as: terrorism, organized crime, natural the Department needs to issue a regu- Page 27, line 18, strike the quotation disasters and industrial accidents. lation in a true emergency situation, marks and second period. Cities and towns across the nation face such as one involving national secu- Page 27, add the following after line 18: these and other threats. Indeed, every day, rity, it can already do so under the ‘‘(B) TREATMENT OF CERTAIN RULES.—In the ensuring the security of the homeland requires ‘‘good cause’’ exception to notice-and- case of any rule that relates to the safety of the interaction of multiple Federal departments comment rulemaking in the Adminis- food, the safety of the workplace, air qual- and agencies, as well as operational collabo- trative Procedure Act. This good cause ity, the safety of consumer products, or water quality, this paragraph as in effect be- ration across Federal, State, local, tribal, and exception would allow the agency to fore the enactment of the Regulatory Flexi- territorial governments, nongovernmental orga- bypass the analysis required by the bility Improvements Act of 2011, shall con- nizations, and the private sector. We can Regulatory Flexibility Act as well. tinue to apply, after such enactment, to any hinder the Department of Homeland Security’s As written, the amendment would ex- such rule, in lieu of subparagraph (A).’’. ability to protect the safety and security of the empt the Department from H.R. 527 but The Acting CHAIR. Pursuant to American people. not from the Regulatory Flexibility House Resolution 477, the gentleman This bill expands the review that agencies Act, itself. The result of this would be from Tennessee (Mr. COHEN) and a must conduct before issuing new regulations two versions of the Regulatory Flexi- Member opposed each will control 5 and the review they must conduct of existing bility Act at play in the Federal Gov- minutes. rules to include an of the ‘‘indirect’’ ernment—one for the Department and The Chair recognizes the gentleman costs of regulations, and grants the SBA au- one for everyone else. from Tennessee. thority to intervene in agency rulemaking. The Small businesses do not need any Mr. COHEN. I yield myself such time measure also expands the ability of small more confusion and uncertainty when as I may consume. businesses and other small entities impacted they are trying to participate in the My amendment would exempt from by an agency’s regulations to challenge those Federal regulatory process. this particular bill the rules it has rules in court. For these reasons, I oppose the when it relates to food safety, work- Under current law, the process already amendment, and I yield back the bal- place safety, consumer product safety, takes as long as eight years to complete. ance of my time. air quality, and water quality—things Given the nature of its mission, the Depart- The Acting CHAIR. The question is we all hold dear, things that will be ment of Homeland Security is the last agency on the amendment offered by the gen- jeopardized if this bill passes. that needs to be subject to more levels of reg- tlewoman from Texas (Ms. JACKSON As I noted in my opening remarks, ulation and scrutiny. Some advocates groups LEE). this threatens to halt agencies’ ability also have expressed concern that by extend- The question was taken; and the Act- to promulgate rules by adding analyt- ing the rulemaking process, regulatory uncer- ing Chair announced that the noes ap- ical requirements and numerous oppor- tainty could increase, which may make it more peared to have it. tunities for industry to challenge agen- Ms. JACKSON LEE of Texas. Mr. cost effective for agencies to seek enforce- cy rulemaking. Yet you should be able Chairman, I demand a recorded vote. to challenge agency rulemaking, but ment through the courts, and thereby reduce The Acting CHAIR. Pursuant to courts shouldn’t be able to summarily the public’s ability to participate in the process. clause 6 of rule XVIII, further pro- throw them out based on a lack of These costs add to the cost of doing busi- ceedings on the amendment offered by knowledge that they have of an area in ness with the Department of Homeland Secu- the gentlewoman from Texas will be which the agencies are really expert, rity, and eat away at the profits of our busi- postponed. nesses, particularly our small businesses but that’s what would happen. AMENDMENT NO. 3 OFFERED BY MR. COHEN which often are not as equipped to absorb ad- The societal cost of enacting H.R. 527 The Acting CHAIR. It is now in order ditional costs. Moreover, many businesses would be to place public health and to consider amendment No. 3 printed in dealing with national security have higher safety at risk. As we enter this holiday part A of House Report 112–296. season, it would be well to remember costs because of expensive equipment, and Mr. COHEN. Mr. Chairman, I have an that the reason we take for granted as such are already working with lower profit amendment at the desk. that the food we eat and the water we margins. The Acting CHAIR. The Clerk will drink—and the drinks we drink—at all The prolonged or indefinite delay of these designate the amendment. life saving regulations threaten the security, The text of the amendment is as fol- our holiday dinners and receptions stability, and the delivery of vital services to lows: won’t kill us or sicken us is because of the American people. I cannot speak for my Page 23, add the following after line 24 and effective rulemaking. Likewise, be- colleagues on the other side of the aisle, but redesignate succeeding sections (and ref- cause of strong regulations, we can I certainly do not want to slow the promulga- erences thereto) accordingly: take for granted that toys given to our tion of regulations to a drip. SEC. 9. EXEMPTION FOR CERTAIN RULES. children or grandchildren won’t poison I have offered this amendment to mitigate (a) IN GENERAL.—Chapter 6 of title 5, them; but the consequences of failing the uncertainty regarding federal laws and United States Code, is amended by adding at to regulate can be dire. rulemaking in the area of national security be- the end the following new section: In 2006 24-year-old Jillian Castro be- cause of the increased urgency when dealing ‘‘§ 613. Exemption for certain rules came gravely ill after eating spinach with these often sensitive matters. The Depart- ‘‘Sections 601 through 612, as amended by tainted with E. coli bacteria. Her or- ment of Homeland Security is the newest fed- the Regulatory Flexibility Improvements gans were rapidly deteriorating; her Act of 2011, shall not apply in the case of any eral agency, and as such already is subject to kidneys were failing; her red blood rule that relates to the safety of food, the cells and platelets were dropping rap- pioneering levels of oversight and scrutiny. safety of the workplace, air quality, the safe- I urge the Committee to make my amend- ty of consumer products, or water quality. idly; and she nearly died. ment in order to ensure that life saving regula- The provisions of this chapter, as in effect According to the best available esti- tions promulgated by the Department of before the enactment of the Regulatory mates by public health and food safety Homeland Security are not unnecessarily de- Flexibility Improvements Act of 2011, shall experts, millions of illnesses and thou- layed by this legislation. continue to apply, after such enactment, to sands of deaths each year in this coun- any rule described in the preceding sen- try can be traced to contaminated b 1610 tence.’’. food. Mr. SMITH of Texas. Mr. Chairman, I (b) CLERICAL AMENDMENT.—The table of The Centers for Disease Control and sections for chapter 6 of title 5, United yield myself the balance of my time. States Code, is amended by adding after the Prevention estimates that foodborne The bill only requires agencies to do item relating to section 612 the following microorganisms have caused 48 million what common sense and current laws new item: illnesses, 128,000 hospitalizations, and dictate they should be doing right now. ‘‘613. Exemption for certain rules.’’. 3,000 deaths. Many of these could be The Department of Homeland Security Page 24, line 13, insert after ‘‘5’’ the fol- avoided with the proper regulations of is not exempt from the Regulatory lowing: ‘‘(other than rules to which section food and drug. That’s why I ask that Flexibility Act. Like other agencies, 613 of title 5 applies)’’. food safety be eliminated from this

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.030 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8047 bill, because it will be expensive to amendment. There are no such exemp- Mr. PETERS. Mr. Chairman, I yield treat these people, let alone the fact tions currently in the Regulatory myself such time as I may consume. that they will die. The CDC estimates Flexibility Act for the categories of There is no question that Congress that salmonella alone affects a million rules described in the amendment. Fur- must act immediately to help our Na- people a year. Just today, the Food and ther, the amendment would create tre- tion’s small businesses succeed, create Drug Administration issued a recall of mendous confusion among agencies and jobs and boost our economy. Unfortu- grape tomatoes because of potential small businesses regarding which nately, instead of moving common- salmonella contamination. version of the law would apply to a fu- sense legislation to extend the payroll Other recent examples of regulatory ture rulemaking. We need less confu- tax cuts for middle class families and failure include the Listeria-tainted sion and uncertainty, not more, in the enacting the American Jobs Act to cantaloupes that killed 29 people across regulatory process. help small businesses afford new hires the country in October. Pedal entrap- If the amendment stems from a con- and investments, we are today consid- ment issues that cause cars to accel- cern about the ability of agencies to ering H.R. 527, the Regulatory Flexi- erate unexpectedly resulted in Toy- make rules in emergency situations, I bility Improvements Act. ota’s recall of nearly 2 million vehicles. would note once again that agencies This legislation, while well inten- There was Mattel’s recall of nearly a may avail themselves of the ‘‘good tioned, is a step in the wrong direction. million toys in 2007 because the toys cause’’ exception to the notice-and- In addition to making it more difficult were covered in lead paint. There are comment rulemaking process already for agencies to take action to protect other examples of this. in the Administrative Procedure Act. If workers and the public, it will also Public health and safety precautions an agency justifiably invokes this ex- slow down agency guidance that could have been on the books for a long time emption, it will not have to conduct help create certainty and spur job cre- and were passed with bipartisan sup- the analysis required under the Regu- ation. This bill will create ‘‘paralysis port. The fact is there were more regu- latory Flexibility Act. by analysis’’ by subjecting any action lations during President Bush’s term For these reasons, I oppose this an agency proposes to a lengthy regu- than there were overall in President amendment, and I yield back the bal- latory process. Even agency guidance Obama’s when you calculate the time ance of my time. issued to small businesses clarifying how well they can comply with exist- they’ve been in office. Yet there was no The Acting CHAIR. The question is ing rules will be slowed down consider- call to cut back when President Bush on the amendment offered by the gen- was in office. It’s only since President ably. tleman from Tennessee (Mr. COHEN). This is why I’ve put forward an Obama has been in office. The question was taken; and the Act- The Pure Food and Drug Act was en- amendment to improve this bill and to ing Chair announced that the noes ap- cut through the additional red tape acted in 1906 by Teddy Roosevelt, then peared to have it. that it creates when it matters most, the Food, Drug and Cosmetics Act in Mr. COHEN. Mr. Chairman, I demand which is when new jobs are on the line. 1938. The Clean Air Act and the Occu- a recorded vote. My amendment simply says that the pational Safety and Health Act were The Acting CHAIR. Pursuant to new administrative hurdles that this enacted in 1970 when Richard Nixon clause 6 of rule XVIII, further pro- bill creates will not apply to any rule, was President. The Clean Water Act ceedings on the amendment offered by final rule or guidance that the Director was enacted in 1977. They’ve served our the gentleman from Tennessee will be of OMB determines will result in net country well for many years. postponed. job creation. If H.R. 527 is enacted without adopt- AMENDMENT NO. 4 OFFERED BY MR. PETERS b 1620 ing this amendment, we can no longer The Acting CHAIR. It is now in order take protections from these harms for to consider amendment No. 4 printed in While my Republican colleagues keep granted because, in the future, agen- part A of House Report 112–296. repeating the story that new regula- cies will be hamstrung from passing Mr. PETERS. Mr. Chairman, I have tions are slowing down our economic regulations to protect the public. an amendment at the desk. growth, this simply isn’t the case. A I would urge us to pass this amend- The Acting CHAIR. The Clerk will recent study by the National Federa- ment and to protect our workers, our designate the amendment. tion of Independent Businesses of its consumers, our small businesses, and The text of the amendment is as fol- members found that ‘‘poor sales,’’ and our small business people when they lows: not regulation, is the biggest problem eat their breakfasts, their lunches and facing businesses today. their dinners, when they buy toys for Page 27, insert after line 18 the following: Effective regulations can promote their children and their grandchildren, SEC. 12. EXCEPTION FOR CERTAIN RULES. job growth and put Americans back to when they drive their cars, and when Chapter 6 of title 5, United States Code, work. As someone living in southeast 212(a)(5) the Small Business Regulatory En- they work in their workplaces. forcement Fairness Act of 1996, section 2341 Michigan, I have seen firsthand the I yield back the balance of my time of title 28, United States Code, and section way increased fuel economy standards and ask for a positive vote. 2342 of such title, as amended by this Act, have made American autos more com- Mr. SMITH of Texas. Mr. Chairman, I shall not apply in the case of any proposed petitive while also saving drivers rise in opposition to the amendment. rule, final rule, or guidance that the Director money on gas and helping our environ- The Acting CHAIR. The gentleman is of the Office of Management and Budget de- ment. According to the United Auto recognized for 5 minutes. termines will result in net job creation. Workers and the National Resources Mr. SMITH of Texas. Mr. Chairman, Chapter 6 of title 5, United States Code, Defense Council, these new standards even the President and his regulatory 212(a)(5) the Small Business Regulatory En- forcement Fairness Act of 1996, section 2341 have already led to the creation of czar, Professor Cass Sunstein, admit of title 28, United States Code, and section more than 100,000 jobs. that over-regulation hampers job cre- 2342 of such title, as in effect before the en- Whether it is providing small busi- ation. The Regulatory Flexibility Act actment of this Act shall apply to such pro- nesses with the guidance they need so of 1980 is based on the fact that regu- posed rules, final rules, or guidance, as ap- that they can have the certainty while latory compliance is especially costly propriate. making investment and hiring deci- for small businesses, which are Amer- Page 1, in the matter preceding line 6, in- sions or enacting environmental re- ica’s main job creators. In this econ- sert after the item relating to section 11 the forms to help bring about the next gen- omy, we have no room for error when it following: eration of green technology, the Fed- comes to over-regulation. Sec. 12. Exception for certain rules. eral Government cannot waste any The bill ensures that all agencies fol- The Acting CHAIR. Pursuant to more time dragging its feet when it low the Regulatory Flexibility Act. House Resolution 477, the gentleman comes to job creation. H.R. 527 does not ask agencies to do from Michigan (Mr. PETERS) and a For years, my friends on the other anything that they should not be doing Member opposed each will control 5 side of the aisle have repeatedly railed already right now. minutes. against government red tape. But let’s There is no reason to create the blan- The Chair recognizes the gentleman be clear: If they oppose this amend- ket exemptions proposed by this from Michigan. ment, they will, in fact, be voting to

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.083 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8048 CONGRESSIONAL RECORD — HOUSE December 1, 2011 create more red tape and stymie small Ms. JACKSON LEE of Texas. Mr. stifling small businesses’ activities and business job creation. Chairman, I have an amendment at the their growth and opportunity. Remem- I urge my colleagues to support this desk. ber now, right now we have three, and commonsense, pro-jobs amendment. The Acting CHAIR. The Clerk will then we’re going to open up the lot so I reserve the balance of my time. designate the amendment. that every agency now has to go Mr. SMITH of Texas. Mr. Chairman, I The text of the amendment is as fol- through a regulatory process to deter- rise in opposition to the amendment. lows: mine its impact on small businesses. It The Acting CHAIR. The gentleman is Add, at the end of the bill, the following: expands the use of small business re- recognized for 5 minutes. SEC. 12. GAO REPORT. view panels to review rules promul- Mr. SMITH of Texas. I am prepared Not later than 2 years after the date of en- gated by all agencies to include all to close; so I reserve the balance of my actment of this Act, the Comptroller General major rules, and some of these, of time. shall submit to the Congress a report on the course, having the positive impact on The Acting CHAIR. The gentleman cost effectiveness of the amendments made our small businesses. from Michigan has 2 minutes remain- by this Act. Such report shall include the What is the significant economic im- ing. following: pact? Nobody knows. It forces agencies Mr. PETERS. Mr. Chairman, I yield (1) A list of all additional costs and re- to engage in wasteful, speculative anal- sources that each agency will have to expend back the balance of my time. to carry out this Act and the amendments ysis. It imposes an absurd and wasteful The Acting CHAIR. The Chair recog- made by this Act. requirement on those agencies. nizes the gentleman from Texas. (2) The effect of this Act and the amend- So I have a simple amendment. Ask Mr. SMITH of Texas. Thank you, Mr. ments made by this Act on the efficiency of the question beforehand: What is the Chairman. the rule making process (including the economic impact of all of this vast new First of all, I would like to point out amount of time required to make and imple- inclusion of other agencies to come that the National Federation of Inde- ment a new rule). down on our small businesses? It re- pendent Business actually does support (3) To what extent this Act or the amend- quires my amendment, a GAO study, to this legislation. I also would like for ments made by this Act will impact the determine the cost of carrying out this making and implementation of new rules in the record to show that a recent Gallup the event of an emergency. bill and the effect it will have on Fed- poll taken on October 24 of this year (4) The overall effectiveness of this Act or eral agency rulemaking. Simple, bipar- said that small business owners them- the amendments made by this Act (including tisan amendment, I ask my colleagues selves cite ‘‘complying with govern- the extent to which agencies are in compli- to join me in supporting it. ment regulations’’ as their most impor- ance with the Act or the amendments to the I reserve the balance of my time. tant problem. Now, that’s why we are Act). Mr. SMITH of Texas. Mr. Chairman, I here today. The Acting CHAIR. Pursuant to rise in opposition to the amendment. Mr. Chairman, I oppose this amend- House Resolution 477, the gentlewoman The Acting CHAIR. The gentleman is ment because it puts the cart before from Texas (Ms. JACKSON LEE) and a recognized for 5 minutes. the horse. The reason we require agen- Member opposed each will control 5 Mr. SMITH of Texas. Mr. Chairman, I cies to conduct regulatory flexibility minutes. am prepared to close; so I reserve the analysis is so the agencies and the pub- The Chair recognizes the gentle- balance of my time. The Acting CHAIR. The gentlewoman lic will know how a new regulation will woman from Texas. 1 Ms. JACKSON LEE of Texas. Mr. from Texas has 2 ⁄2 minutes remaining. affect small businesses before the agen- Ms. JACKSON LEE of Texas. I thank Chairman, I yield myself such time as cy issues the regulation. the gentleman. The amendment would exempt from I may consume. Let me just continue looking for bi- the Regulatory Flexibility Act any I would like to think that our col- partisanship. I am hoping that I can rule that would result in net job cre- leagues are in their offices commu- convince my friend from Texas to not ation. We certainly know that regula- nicating with their constituents and desire to have a can of worms, a pot- tions can destroy jobs. Even the admin- doing much of the work that we do and pourri of agencies coming out with the istration acknowledges that. writing probably other great legisla- hand of oppression on small businesses. Whether regulations can ever truly tive initiatives, and they are paying at- This is a simple question that I’m create jobs is another question all to- tention to this debate and they keep asking. The GAO, the Government Ac- gether. Assuming that a regulation hearing the words ‘‘small businesses’’ countability Office, simply would be could create jobs, an agency will not and they want to know why would any asking the question: What is the sig- know this without analysis first, which of us have a disagreement about small nificant economic impact on a substan- is what the bill requires agencies to do. businesses when we have, I think, a tial number of small entities which There is no good reason to transfer consensus that small business are in will greatly slow down the rulemaking this responsibility to conduct this fact the backbone of America; they are process and substantially empower analysis from the agency, themselves, the job creators of America. other competitors to small business to to the Office of Management and Budg- I recall many of us have initiatives. I throw sand in the gears of rulemaking et, as the amendment proposes. have an initiative of visiting small that will help small businesses, women- For these reasons, I oppose the businesses. Just a couple of weeks ago, owned businesses, minority-owned amendment, and I yield back the bal- I donned the clothing of a medical businesses, disabled veterans? ance of my time. practice. I went to a beauty school and What is the reason for not agreeing The Acting CHAIR. The question is tried to do a little bit of hair design. I to an important study? It forces agen- on the amendment offered by the gen- went to an energy company. I went on cies to again engage in wasteful, specu- tleman from Michigan (Mr. PETERS). to a small export-import company, and lative analysis, including an assess- The question was taken; and the Act- I stood out as a safety officer for a con- ment of all reasonably foreseeable indi- ing Chair announced that the noes ap- struction company owned by a single rect economic effects. peared to have it. mother. We can do it ahead of time. Will this Mr. PETERS. Mr. Chairman, I de- So we all speak the language of small kill jobs is the question. It expands ju- mand a recorded vote. businesses. And you would think that dicial review to include all agency ac- The Acting CHAIR. Pursuant to my good friends on the other side of tions and not just final agency action. clause 6 of rule XVIII, further pro- the aisle would have looked more Mr. Chairman, can we not find an op- ceedings on the amendment offered by closely at how damaging H.R. 527 is be- portunity to come together on this? I the gentleman from Michigan will be cause, for those who may be listening would much rather have a report to postponed. in their offices and others, right now tell me how many small businesses will AMENDMENT NO. 5 OFFERED BY MS. JACKSON you have a three-agency framework of shut down waiting for agency review of LEE OF TEXAS reviewing regulations dealing with the rules that would be helpful to The Acting CHAIR. It is now in order small businesses. them. to consider amendment No. 5 printed in Now you’re going to include that all Have we engaged with the Small part A of House Report 112–296. the agencies have to get into the act in Business Committee? Has anyone

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.086 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8049 asked the ranking member of that There is one overarching problem with H.R. cies will reduce unnecessary regulatory committee, even the chairman of that 527. Although it claims to make improve- burdens and free small businesses to committee, who are champions of ments, one thing it does not do is provide the create jobs. small business? I don’t think I have needed clarification that the GAO has repeat- In the future, I certainly would like seen the chairperson, but I have seen edly pointed out, and that the agencies have to know whether agencies comply with the ranking member, who listens to asked for. the Regulatory Flexibility Act as small businesses across the country. If In the past, there have been GAO reports amended by this bill, or whether they there is a regulation that is going to showing incidents of agency noncompliance remain disobedient. This amendment, help a small business, this bill kills it. with the current regulatory flexibility rules for however, favors the idea that the bill The small businesses are hanging on rule making. The reports cited that this non- places too heavy of a burden on regu- for dear life. Pass the rule. Pass the compliance is due largely to confusion sur- lators. rule. Now you have put in all these rounding the meaning of ‘‘significant economic Fundamentally, the purpose of the agencies, dilly-dallying around trying impact on a substantial number of small enti- Regulatory Flexibility Act is to reduce to be able to find a way to stifle the ties.’’ Agencies have expressed the need to the regulatory burden on small busi- growth of the small business. better clarification of this clause to aide them nesses, not on agencies. Job creators, Mr. Chairman, common sense tells in determining when rule making analysis and not job regulators, are the key to our Members that it doesn’t hurt to have review is necessary. economic recovery. just this one bipartisan effort to get Another part of this expanded review and Mr. Chairman, for these reasons, I the answer of the economic impact be- analysis called for in H.R. 527 that concerns oppose the amendment, and I yield forehand. Down in Texas we say, close me is the potential it has to impede upon back the balance of my time. the barn door before the cow gets out, emergency rulemaking. Every so often, there The Acting CHAIR. The question is or the cart before the horse, the horse are instances when an agency has to imple- on the amendment offered by the gen- before the cart. We’ve got all of that. ment a new rule or regulation in response to tlewoman from Texas (Ms. JACKSON We’ve got confusion. an emergency. Under the current law, there is LEE). I am simply having a simple amend- an exception allowing agencies to bypass the The question was taken; and the Act- ment that would allow the GAO to re- review process in the event of an emergency. ing Chair announced that the noes ap- port on how we can better serve our The provisions of this bill cloud that exception. peared to have it. small businesses and create the jobs Furthermore, the rule-making process is Ms. JACKSON LEE of Texas. I de- that are necessary. I ask my col- made more cumbersome and expensive by re- mand a recorded vote. leagues, including Mr. SMITH, to sup- quiring multi-agency review. If the purported The Acting CHAIR. Pursuant to port this amendment. reason for amending the Regulatory Flexibility clause 6 of rule XVIII, further pro- Mr. Chair, I rise today in support of my Act with this bill is to save the American tax- ceedings on the amendment offered by amendment to H.R. 527, the ‘‘Regulatory payers money by including provisions requir- the gentlewoman from Texas will be Flexibility Improvements Act of 2011.’’ My ing analyses of direct and indirect effects of postponed. amendment would require a GAO study to de- proposed rules, then it should follow that the AMENDMENT NO. 6 OFFERED BY MR. JOHNSON OF termine the cost of carrying out this bill and costs of implementing such provisions should GEORGIA the effect it will have on federal agency rule- not outweigh the benefits they provide. The Acting CHAIR. It is now in order making. In addition, the report must contain in- My amendment will ensure just that by re- to consider amendment No. 6 printed in formation on the impact of repealing the ability quiring the Comptroller General to issue a re- part A of House Report 112–296. of an agency to waive provisions in the Regu- port to Congress that includes (1) the addi- Mr. JOHNSON of Georgia. I have an latory Flexibility Act when responding to an tional costs and resources that each agency amendment at the desk. emergency. must expend to maintain compliance with this The Acting CHAIR. The Clerk will This bill would amend the Regulatory Flexi- Act, (2) an analysis of the effect that this Act designate the amendment. bility Act of 1980 in such a manner that it has on the efficiency of the rule-making proc- The text of the amendment is as fol- would result in significant delays in the agency ess, and (3) an analysis of the potential dif- lows: rule-making processes by mandating multi- ficulties that may arise in an emergency situa- Add at the end of the bill the following: agency analyses of both direct and indirect tion in which an agency must implement new SEC. 12. APPLICATION WITH REGARD TO CER- costs for rules proposed or finalized by a sin- rules. TAIN STATUTE. gle agency. If the process by which government agen- None of the amendments made by this Act My amendment simply requires that the cies create rules is changed to require the dis- shall apply to any rule making to carry out Comptroller General, within 2 years after the closure of all costs associated with a proposed the FDA Food Safety Modernization Act (21 U.S.C. 2201 note). enactment of the legislation, issue a report to rule, then shouldn’t the Act that makes such Congress on the cost effectiveness of the changes have its own costs to the American The Acting CHAIR. Pursuant to changes implemented by this Act. taxpayers disclosed? My amendment will en- House Resolution 477, the gentleman The report would list all additional costs and sure that this disclosure is made to the public from Georgia (Mr. JOHNSON) and a resources that each agency will have to ex- upon this legislation’s enactment. Member opposed each will control 5 pend to carry out this Act and the amend- I yield back the balance of my time. minutes. ments made by the Act. The Chair recognizes the gentleman It would also show the effect of this Act and b 1630 from Georgia. its amendments on the efficiency of the rule Mr. SMITH of Texas. Mr. Chairman, I Mr. JOHNSON of Georgia. Mr. Chair- making process, including the amount of time yield myself the balance of my time. man, I rise today in support of my required to make and implements a new rule. I oppose this amendment because it amendment to this hazardous and ra- This study would report on any impact that is unnecessary and would result in a bi- dioactive bill called the Regulatory this Act or its amendments would have on the ased study by the Government Ac- Flexibility Improvements Act. ability to implement new agencies in the event countability Office. Now, I want this body to consider my of an emergency. Lastly, this study would ex- The study proposed by the amend- amendment to the bill for the fol- amine the overall compliance of agencies with ment focuses excessively on costs to lowing reason: The FDA Food Safety the Regulatory Flexibility Improvement Act agencies to comply with the Regu- Modernization Act became law in Jan- (RFIA). latory Flexibility Act, and how the bill uary of this year, January 4, 2011. It By requiring that multiple agencies conduct would affect agencies’ abilities to pass was necessitated by a continuing series detailed economic analyses of a rule proposed new regulations. The study would not of incidents, such as the October 2009 by a single agency, each agency will have to focus enough on how the bill would Stephanie Smith incident, which I will expend time and resources to uncover the in- benefit small businesses and lead to tell you a little bit about. She’s a chil- direct economic effects of the proposed rule. better regulations, which is where our dren’s dance instructor from Min- This is unduly burdensome on a process that focus should be. nesota. She became partially paralyzed is already sufficient in length, as rules cur- It is worthwhile to require agencies from E. coli. According to a New York rently require a 30 day period after publication to finally comply with the law. That is Times article, ‘‘The frozen hamburgers prior to effectiveness. especially true if it means that agen- that the Smiths ate, which were made

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.088 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8050 CONGRESSIONAL RECORD — HOUSE December 1, 2011 by the food giant Cargill, were labeled duct inspections as well as prevention AMENDMENT NO. 2 OFFERED BY MS. JACKSON ‘American Chef’s Selection Angus Beef programs without having to go through LEE OF TEXAS Patties.’ Yet confidential grinding logs speculative paralysis of analysis of a The Acting CHAIR. The unfinished and other Cargill records show that the proposed rule, nor should the FDA be business is the demand for a recorded hamburgers were made from a mix of forced to justify existing rules. vote on the amendment offered by the slaughterhouse trimmings and a mash- Mr. Chairman, I urge support for my gentlewoman from Texas (Ms. JACKSON like product derived from scraps that amendment, and I yield back the bal- LEE) on which further proceedings were were ground together in a plant in Wis- ance of my time. postponed and on which the noes pre- consin. The ingredients came from Mr. SMITH of Texas. Mr. Chairman, I vailed by voice vote. slaughterhouses in Nebraska, Texas, rise in opposition to the amendment. The Clerk will redesignate the and Uruguay, and from a South Dakota The Acting CHAIR. The gentleman is amendment. company that processes fatty trim- recognized for 5 minutes. The Clerk redesignated the amend- mings and treats them with ammonia Mr. SMITH of Texas. I oppose this ment. to kill bacteria.’’ Stephanie has sued amendment because it carves out an RECORDED VOTE Cargill, and I know that many of my exception to the bill for regulations The Acting CHAIR. A recorded vote colleagues on the other side of the aisle under the Food and Drug Administra- has been demanded. would want to limit her ability to re- tion. A recorded vote was ordered. cover for this injury through misguided If agencies were doing the depth of The vote was taken by electronic de- so-called tort reform. pre-regulatory analysis they are sup- vice, and there were—ayes 173, noes 244, But getting back to this matter, this posed to be doing under the Regulatory not voting 16, as follows: amendment is simple. It would ensure Flexibility Act, then we wouldn’t be [Roll No. 874] that Americans have access to safe and here today. untainted food. It would create an ex- Small businesses create jobs, and AYES—173 ception for any rulemaking that seeks jobs are the key to economic recovery. Ackerman Hanabusa Pascrell to carry out the FDA Food Safety Mod- Altmire Hastings (FL) Pastor (AZ) To help small businesses—like minor- Andrews Heinrich Payne ernization Act. ity-owned restaurants, for example— Baca Higgins Pelosi Every year one in six Americans gets create jobs, we need to reduce, not in- Baldwin Himes Perlmutter sick from foodborne diseases. The FDA crease, the regulatory burden on them. Bass (CA) Hinchey Peters Food Safety Modernization Act enables Becerra Hinojosa Pingree (ME) The FDA is not currently exempt Berkley Hirono Polis the FDA to better protect public from the Regulatory Flexibility Act, so Berman Hochul Price (NC) health by strengthening the food safety it makes no sense to exempt the FDA Bishop (NY) Holden Quigley system. from the bill, either. Blumenauer Holt Rahall This bill would make it virtually im- Boswell Honda Rangel This amendment also would create Brady (PA) Hoyer Reyes possible for Federal agencies to protect confusion within the FDA by exempt- Braley (IA) Inslee Richardson public health and safety. Nobody likes ing only its responsibilities under the Brown (FL) Israel Richmond Butterfield Jackson (IL) to be tied up in redtape, but this bill Rothman (NJ) Food Safety Modernization Act from Capps Jackson Lee Roybal-Allard would bring regulations to a halt and Capuano (TX) this bill. There should not be two Ruppersberger Cardoza Johnson (GA) make it virtually impossible to enact versions of the Regulatory Flexibility Rush Carnahan Johnson, E. B. new regulations. Currently, rule- Ryan (OH) Act in play at the FDA. Carney Kaptur Sa´ nchez, Linda making agencies must make an anal- For these reasons, I oppose the Carson (IN) Keating T. ysis for every new rule that would have Castor (FL) Kildee amendment, and I yield back the bal- Sanchez, Loretta Chandler Kind significant economic impact on a sub- ance of my time. Sarbanes Cicilline Kissell stantial number of small entities, such Schakowsky The Acting CHAIR. The question is Clarke (MI) Kucinich Schiff as small businesses. on the amendment offered by the gen- Clarke (NY) Langevin However, agencies have the authority Clay Larsen (WA) Schwartz tleman from Georgia (Mr. JOHNSON). Scott (VA) to waive or delay this analysis in emer- Clyburn Larson (CT) The question was taken; and the Act- Cohen Lee (CA) Scott, David gency situations. Now, this bill, Mr. ing Chair announced that the noes ap- Connolly (VA) Levin Serrano Chairman, would require agencies to peared to have it. Conyers Lewis (GA) Sewell determine the indirect costs a rule has Costello Lipinski Sherman Mr. JOHNSON of Georgia. I demand a Shuler on a business, and repeal the authority Courtney Loebsack recorded vote. Critz Lofgren, Zoe Sires of an agency to waive or delay this The Acting CHAIR. Pursuant to Crowley Lowey Slaughter analysis in response to an emergency clause 6 of rule XVIII, further pro- Cummings Luja´ n Smith (WA) that makes timely compliance imprac- Davis (CA) Lynch Speier ceedings on the amendment offered by Davis (IL) Maloney Stark tical or imprudent. the gentleman from Georgia will be DeFazio Markey Sutton This summer there was a listeria out- postponed. DeGette Matsui Thompson (CA) break linked to cantaloupes that DeLauro McCarthy (NY) Thompson (MS) sickened 139 people and killed 29. Just Dicks McCollum Tierney b 1640 Dingell McDermott Tonko today, reports Doggett McGovern Towns that Consumer Reports released an ANNOUNCEMENT BY THE ACTING CHAIR Donnelly (IN) McIntyre Tsongas alarming study that found high levels The Acting CHAIR. Pursuant to Edwards McNerney Van Hollen ´ of arsenic in samples of apple juice. clause 6 of rule XVIII, proceedings will Ellison Meeks Velazquez Engel Michaud Visclosky Consumer Reports is now calling on now resume on those amendments Eshoo Miller (NC) Walz (MN) the FDA to set standards for arsenic printed in part A of House Report 112– Farr Miller, George Wasserman levels for apple and grape juices. 296 on which further proceedings were Fattah Moore Schultz postponed, in the following order: Fudge Moran Waters The Consumer Reports Group is now Garamendi Murphy (CT) Watt suggesting that parents restrict juice Amendment No. 2 by Ms. JACKSON Gibson Nadler Waxman consumption to children up to 6 years LEE of Texas. Green, Al Napolitano Welch old to no more than 6 ounces per day. Amendment No. 3 by Mr. COHEN of Green, Gene Neal Wilson (FL) Gutierrez Olver Woolsey For older children, it recommends no Tennessee. Hahn Pallone Yarmuth more than 8 to 12 ounces a day. Amendment No. 4 by Mr. PETERS of Now is not the time to hamper agen- Michigan. NOES—244 cies, such as the FDA, that are charged Amendment No. 5 by Ms. JACKSON Adams Barrow Bishop (UT) Aderholt Barton (TX) Black with keeping the American public safe. LEE of Texas. Akin Bass (NH) Blackburn If there is a legitimate concern that Amendment No. 6 by Mr. JOHNSON of Alexander Benishek Bonner our food supply may be tainted, the Georgia. Amash Berg Bono Mack FDA needs the authority to act quick- The Chair will reduce to 2 minutes Amodei Biggert Boren Austria Bilbray Boustany ly and without delay. It’s essential the minimum time for any electronic Bachus Bilirakis Brady (TX) that the FDA have the ability to con- vote after the first vote in this series. Barletta Bishop (GA) Brooks

VerDate Mar 15 2010 01:48 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.092 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8051 Broun (GA) Hayworth Petri Mr. FILNER. Mr. Chair, on rollcall 874, I was Barrow Graves (GA) Palazzo Buchanan Heck Pitts Barton (TX) Graves (MO) Paulsen Bucshon Hensarling Platts away from the Capitol due to prior commit- Bass (NH) Griffin (AR) Pearce Buerkle Herger Poe (TX) ments to my constituents. Had I been present, Benishek Griffith (VA) Pence Burgess Herrera Beutler Pompeo I would have voted ‘‘aye.’’ Berg Grimm Peterson Burton (IN) Huelskamp Posey Biggert Guinta Petri AMENDMENT NO. 3 OFFERED BY MR. COHEN Calvert Huizenga (MI) Price (GA) Bilbray Guthrie Pitts Camp Hultgren Quayle The Acting CHAIR. The unfinished Bilirakis Hall Platts Campbell Hunter Reed business is the demand for a recorded Bishop (GA) Hanna Poe (TX) Canseco Hurt Rehberg Bishop (UT) Harper vote on the amendment offered by the Pompeo Cantor Issa Reichert Black Harris Posey Capito Jenkins Renacci gentleman from Tennessee (Mr. COHEN) Blackburn Hastings (WA) Price (GA) Carter Johnson (IL) Ribble on which further proceedings were Bonner Hayworth Quayle Cassidy Johnson (OH) Rigell postponed and on which the noes pre- Bono Mack Heck Reed Chabot Johnson, Sam Rivera Boren Hensarling Rehberg Chaffetz Jones Roby vailed by voice vote. Boustany Herger Reichert Coble Jordan Roe (TN) Brady (TX) Herrera Beutler The Clerk will redesignate the Renacci Coffman (CO) Kelly Rogers (AL) Brooks Huelskamp amendment. Ribble Cole King (IA) Rogers (KY) Broun (GA) Huizenga (MI) Rigell Conaway King (NY) Rogers (MI) The Clerk redesignated the amend- Buchanan Hultgren Rivera Cooper Kingston Rohrabacher ment. Bucshon Hunter Costa Kinzinger (IL) Rokita Buerkle Hurt Roby RECORDED VOTE Cravaack Kline Rooney Burgess Issa Roe (TN) Crawford Labrador Ros-Lehtinen The Acting CHAIR. A recorded vote Burton (IN) Jenkins Rogers (AL) Crenshaw Lamborn Roskam has been demanded. Calvert Johnson (IL) Rogers (KY) Cuellar Lance Ross (AR) Camp Johnson (OH) Rogers (MI) Culberson Landry Ross (FL) A recorded vote was ordered. Campbell Johnson, Sam Rohrabacher Davis (KY) Lankford Royce The Acting CHAIR. This will be a 2- Canseco Jones Rokita Denham Latham Runyan minute vote. Cantor Jordan Rooney Dent LaTourette Ryan (WI) Capito Kelly Ros-Lehtinen DesJarlais Latta Scalise The vote was taken by electronic de- Cardoza King (IA) Roskam Diaz-Balart Lewis (CA) Schilling vice, and there were—ayes 171, noes 248, Carter King (NY) Ross (AR) Dold LoBiondo Schock not voting 14, as follows: Cassidy Kingston Ross (FL) Dreier Long Schrader Chabot Kinzinger (IL) Royce Duffy Lucas Schweikert [Roll No. 875] Chaffetz Kissell Runyan Duncan (SC) Luetkemeyer Scott (SC) AYES—171 Coble Kline Ryan (WI) Duncan (TN) Lummis Scott, Austin Coffman (CO) Labrador Scalise Ackerman Gutierrez Pallone Ellmers Lungren, Daniel Sensenbrenner Cole Lamborn Schilling Altmire Hahn Pascrell Emerson E. Sessions Conaway Lance Schock Andrews Hanabusa Pastor (AZ) Farenthold Mack Shimkus Cooper Landry Schrader Baca Hastings (FL) Payne Fincher Manzullo Shuster Costa Lankford Baldwin Heinrich Perlmutter Schweikert Fitzpatrick Marchant Simpson Cravaack Latham Bass (CA) Higgins Peters Scott (SC) Flake Marino Smith (NE) Crawford LaTourette Becerra Himes Pingree (ME) Scott, Austin Fleischmann Matheson Smith (NJ) Crenshaw Latta Berkley Hinchey Polis Sensenbrenner Fleming McCarthy (CA) Smith (TX) Cuellar Lewis (CA) Berman Hinojosa Price (NC) Sessions Forbes McCaul Southerland Culberson LoBiondo Bishop (NY) Hirono Quigley Shimkus Fortenberry McClintock Stearns Davis (KY) Long Blumenauer Hochul Rahall Shuster Foxx McCotter Stivers Denham Lucas Boswell Holden Rangel Simpson Franks (AZ) McHenry Stutzman Dent Luetkemeyer Brady (PA) Holt Reyes Smith (NE) Frelinghuysen McKeon Sullivan DesJarlais Lummis Braley (IA) Honda Richardson Smith (NJ) Gallegly McKinley Terry Diaz-Balart Lungren, Daniel Brown (FL) Hoyer Richmond Smith (TX) Gardner McMorris Thompson (PA) Dold E. Butterfield Inslee Rothman (NJ) Southerland Garrett Rodgers Thornberry Dreier Mack Capps Israel Roybal-Allard Stearns Gerlach Meehan Tiberi Duffy Manzullo Capuano Jackson (IL) Ruppersberger Stivers Gibbs Mica Tipton Duncan (SC) Marchant Carnahan Jackson Lee Rush Stutzman Gingrey (GA) Miller (FL) Turner (NY) Duncan (TN) Marino Carney (TX) Ryan (OH) Sullivan Gohmert Miller (MI) Turner (OH) Ellmers Matheson Carson (IN) Johnson (GA) Sa´ nchez, Linda Terry Goodlatte Miller, Gary Upton Emerson McCarthy (CA) Castor (FL) Johnson, E. B. T. Gosar Mulvaney Walberg Farenthold McCaul Thompson (PA) Chandler Kaptur Sanchez, Loretta Gowdy Murphy (PA) Walden Fincher McClintock Thornberry Chu Keating Sarbanes Granger Myrick Walsh (IL) Fitzpatrick McCotter Tiberi Cicilline Kildee Schakowsky Graves (GA) Neugebauer West Flake McHenry Tipton Clarke (MI) Kind Schiff Graves (MO) Noem Westmoreland Fleischmann McKeon Turner (NY) Clarke (NY) Kucinich Schwartz Griffin (AR) Nugent Whitfield Fleming McKinley Turner (OH) Clay Langevin Scott (VA) Griffith (VA) Nunes Wilson (SC) Forbes McMorris Upton Cleaver Larsen (WA) Scott, David Grimm Nunnelee Wittman Fortenberry Rodgers Walberg Clyburn Larson (CT) Serrano Guinta Olson Wolf Foxx Meehan Walden Cohen Lee (CA) Sewell Guthrie Owens Womack Franks (AZ) Mica Walsh (IL) Connolly (VA) Levin Sherman Hall Palazzo Woodall Frelinghuysen Miller (FL) Webster Conyers Lewis (GA) Shuler Hanna Paulsen Yoder Gallegly Miller (MI) West Costello Lipinski Sires Harper Pearce Young (AK) Gardner Miller, Gary Westmoreland Courtney Loebsack Slaughter Harris Pence Young (FL) Garrett Mulvaney Whitfield Critz Lofgren, Zoe Smith (WA) Hastings (WA) Peterson Young (IN) Gerlach Murphy (PA) Wilson (SC) Crowley Lowey Speier Gibbs Myrick Wittman Cummings Luja´ n Stark NOT VOTING—16 Gibson Neugebauer Wolf Davis (CA) Lynch Sutton Bachmann Filner Hartzler Gingrey (GA) Noem Womack Davis (IL) Maloney Thompson (CA) Bartlett Flores Gohmert Nugent Woodall Paul DeFazio Matsui Thompson (MS) Chu Frank (MA) Goodlatte Nunes Yoder Schmidt DeGette McCarthy (NY) Tierney Cleaver Giffords Gosar Nunnelee Young (AK) Webster DeLauro McCollum Tonko Deutch Gonzalez Gowdy Olson Young (FL) Dicks McDermott Towns Doyle Grijalva Granger Owens Young (IN) Dingell McGovern Tsongas b 1707 Doggett McIntyre Van Hollen NOT VOTING—14 Edwards McNerney Vela´ zquez Messrs. CANSECO, MCCLINTOCK, Ellison Meeks Visclosky Bachmann Eshoo Markey BILBRAY, GERLACH, and CUELLAR Engel Michaud Walz (MN) Bartlett Filner Paul Farr Miller (NC) Wasserman Deutch Flores Pelosi changed their vote from ‘‘aye’’ to ‘‘no.’’ Fattah Miller, George Schultz Donnelly (IN) Giffords Schmidt Messrs. CROWLEY and MCDERMOTT Frank (MA) Moore Waters Doyle Hartzler changed their vote from ‘‘no’’ to ‘‘aye.’’ Fudge Moran Watt ANNOUNCEMENT BY THE ACTING CHAIR Garamendi Murphy (CT) Waxman So the amendment was rejected. The Acting CHAIR (during the vote). The result of the vote was announced Gonzalez Nadler Welch Green, Al Napolitano Wilson (FL) There is 1 minute remaining. as above recorded. Green, Gene Neal Woolsey Stated for: Grijalva Olver Yarmuth b 1712 Ms. CHU. Mr. Chair, on rollcall vote 874, on NOES—248 the Jackson Lee Amendment to H.R. 527, I Mr. BISHOP of Georgia changed his Adams Alexander Austria was unavoidably detained. Had I been Aderholt Amash Bachus vote from ‘‘aye’’ to ‘‘no.’’ present, I would have voted ‘‘aye.’’ Akin Amodei Barletta So the amendment was rejected.

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.035 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8052 CONGRESSIONAL RECORD — HOUSE December 1, 2011 The result of the vote was announced Watt Welch Woolsey The result of the vote was announced as above recorded. Waxman Wilson (FL) Yarmuth as above recorded. Stated for: NOES—243 Stated for: Mr. FILNER. Mr. Chair, on rollcall 875, I was Adams Goodlatte Olson Mr. FILNER. Mr. Chair, on rollcall 876, I was Aderholt Gosar Palazzo away from the Capitol due to prior commit- Alexander Gowdy Paulsen away from the Capitol due to prior commit- ments to my constituents. Had I been present, Amash Granger Pearce ments to my constituents. Had I been present, I would have voted ‘‘aye.’’ Amodei Graves (GA) Pence I would have voted ‘‘aye.’’ Austria Graves (MO) Peterson AMENDMENT NO. 4 OFFERED BY MR. PETERS Bachus Griffin (AR) Petri AMENDMENT NO. 5 OFFERED BY MS. JACKSON The Acting CHAIR. The unfinished Barletta Griffith (VA) Pitts LEE OF TEXAS business is the demand for a recorded Barrow Grimm Platts The Acting CHAIR. The unfinished Barton (TX) vote on the amendment offered by the Guinta Poe (TX) Bass (NH) Guthrie Pompeo business is the demand for a recorded gentleman from Michigan (Mr. PETERS) Benishek Hall Posey vote on the amendment offered by the on which further proceedings were Berg Hanna Price (GA) gentlewoman from Texas (Ms. JACKSON Biggert Harper postponed and on which the noes pre- Quayle LEE) on which further proceedings were Bilbray Harris Reed vailed by voice vote. Bilirakis Hastings (WA) Rehberg postponed and on which the noes pre- The Clerk will redesignate the Bishop (GA) Hayworth Reichert vailed by voice vote. amendment. Bishop (UT) Heck Renacci The Clerk will redesignate the Black Hensarling Ribble The Clerk redesignated the amend- Blackburn Herger Rigell amendment. ment. Bonner Herrera Beutler Rivera The Clerk redesignated the amend- Bono Mack Huelskamp RECORDED VOTE Roby ment. Boren Huizenga (MI) Roe (TN) The Acting CHAIR. A recorded vote Boustany Hultgren Rogers (AL) RECORDED VOTE has been demanded. Brady (TX) Hunter Rogers (KY) Brooks Hurt The Acting CHAIR. A recorded vote A recorded vote was ordered. Rogers (MI) Broun (GA) Issa Rohrabacher has been demanded. The Acting CHAIR. This is a 2- Buchanan Jenkins Rokita A recorded vote was ordered. Bucshon Johnson (IL) minute vote. Rooney The Acting CHAIR. This will be a 2- Buerkle Johnson (OH) Ros-Lehtinen The vote was taken by electronic de- Burgess Johnson, Sam Roskam minute vote. Burton (IN) Jones vice, and there were—ayes 179, noes 243, Ross (AR) Calvert Jordan The vote was taken by electronic de- not voting 11, as follows: Ross (FL) Camp Kelly vice, and there were—ayes 172, noes 250, Royce [Roll No. 876] Campbell King (IA) Runyan not voting 11, as follows: Canseco King (NY) AYES—179 Ryan (WI) Cantor Kingston [Roll No. 877] Scalise Ackerman Gibson Moran Capito Kinzinger (IL) Schilling AYES—172 Altmire Gonzalez Murphy (CT) Carter Kline Schock Andrews Green, Al Nadler Cassidy Labrador Ackerman Green, Gene Neal Schrader Baca Green, Gene Napolitano Chabot Lamborn Andrews Gutierrez Olver Baldwin Grijalva Neal Chaffetz Lance Schweikert Baca Hahn Owens Bass (CA) Gutierrez Olver Coble Landry Scott (SC) Baldwin Hanabusa Pallone Becerra Hahn Owens Coffman (CO) Lankford Scott, Austin Bass (CA) Hanna Pascrell Berkley Hanabusa Pallone Cole Latham Sensenbrenner Becerra Hastings (FL) Pastor (AZ) Berman Hastings (FL) Pascrell Conaway LaTourette Sessions Berkley Heinrich Payne Bishop (NY) Heinrich Pastor (AZ) Cooper Latta Shimkus Berman Higgins Pelosi Blumenauer Higgins Payne Cravaack Lewis (CA) Shuler Bishop (NY) Himes Perlmutter Boswell Himes Perlmutter Crawford LoBiondo Shuster Blumenauer Hinchey Peters Brady (PA) Hinchey Brady (PA) Hinojosa Peters Crenshaw Long Simpson Pingree (ME) Braley (IA) Hinojosa Smith (NE) Braley (IA) Hirono Pingree (ME) Cuellar Lucas Polis Brown (FL) Hirono Smith (NJ) Brown (FL) Hochul Polis Culberson Luetkemeyer Price (NC) Butterfield Hochul Smith (TX) Butterfield Holden Price (NC) Davis (KY) Lummis Quigley Capps Holden Capps Holt Quigley Denham Lungren, Daniel Southerland Capuano Holt Capuano Honda Rahall Rahall DesJarlais E. Stearns Cardoza Honda Carnahan Hoyer Rangel Rangel Diaz-Balart Mack Stivers Carnahan Hoyer Carney Inslee Reyes Reyes Dold Manzullo Stutzman Carney Inslee Carson (IN) Israel Ribble Richardson Dreier Marchant Sullivan Carson (IN) Israel Castor (FL) Jackson (IL) Richardson Richmond Duffy Marino Terry Castor (FL) Jackson (IL) Chu Jackson Lee Richmond Rothman (NJ) Duncan (SC) Matheson Thompson (PA) Chandler Jackson Lee Cicilline (TX) Rothman (NJ) Roybal-Allard Duncan (TN) McCarthy (CA) Thornberry Chu (TX) Clarke (MI) Johnson (GA) Roybal-Allard Ruppersberger Ellmers McCaul Tiberi Cicilline Johnson (GA) Emerson McClintock Tipton Clarke (NY) Johnson, E. B. Ruppersberger Clarke (MI) Johnson, E. B. Rush Clay Kaptur Rush Ryan (OH) Farenthold McCotter Turner (NY) Clarke (NY) Kaptur Cleaver Keating Ryan (OH) Sa´ nchez, Linda Fincher McHenry Turner (OH) Clay Keating Clyburn Kildee Sa´ nchez, Linda T. Fitzpatrick McKeon Upton Cleaver Kildee Cohen Kucinich T. Sanchez, Loretta Flake McKinley Walberg Clyburn Kind Connolly (VA) Langevin Sanchez, Loretta Sarbanes Fleischmann McMorris Walden Cohen Kissell Costello Larsen (WA) Sarbanes Schakowsky Fleming Rodgers Walsh (IL) Connolly (VA) Kucinich Courtney Larson (CT) Schakowsky Schiff Flores Meehan Webster Conyers Langevin Forbes Mica West Critz Lee (CA) Schiff Costa Larsen (WA) Schwartz Crowley Levin Scott (VA) Fortenberry Miller (FL) Westmoreland Schwartz Costello Larson (CT) Foxx Miller (MI) Whitfield Cuellar Lewis (GA) Scott (VA) Courtney Lee (CA) Scott, David Cummings Lipinski Serrano Franks (AZ) Miller, Gary Wilson (SC) Scott, David Critz Levin Frelinghuysen Mulvaney Wittman Davis (CA) Loebsack Serrano Crowley Lewis (GA) Sewell Davis (IL) Lofgren, Zoe Sherman Gallegly Murphy (PA) Wolf Sewell Cummings Lipinski Gardner Myrick Womack DeFazio Lowey Sires ´ Sherman Davis (CA) Loebsack Garrett Neugebauer Woodall DeGette Lujan Slaughter Sires Davis (IL) Lofgren, Zoe Gerlach Noem Yoder DeLauro Lynch Smith (WA) Slaughter DeFazio Lowey Gibbs Nugent Young (AK) Dingell Maloney ´ Speier Smith (WA) DeGette Lujan Gingrey (GA) Nunes Young (FL) Doggett Markey Stark Speier DeLauro Lynch Gohmert Nunnelee Young (IN) Donnelly (IN) Matsui Dent Maloney Sutton Edwards McCarthy (NY) Stark Dicks Markey Thompson (CA) NOT VOTING—11 Ellison McCollum Sutton Thompson (MS) Thompson (MS) Dingell Matsui Akin Doyle Paul Engel McDermott Tierney Tierney Doggett McCarthy (NY) Bachmann Filner Pelosi Eshoo McGovern Tonko Tonko Donnelly (IN) McCollum Bartlett Giffords Farr McNerney Towns Schmidt Towns Edwards McDermott Deutch Hartzler Fattah Meeks Ellison McGovern Tsongas Fitzpatrick Michaud Tsongas Engel McIntyre Van Hollen ANNOUNCEMENT BY THE ACTING CHAIR Frank (MA) Miller (NC) Van Hollen Eshoo McNerney Vela´ zquez The Acting CHAIR (during the vote). Fudge Miller, George Vela´ zquez Farr Meeks Visclosky Garamendi Moore Visclosky Fattah Michaud Walz (MN) There is 1 minute remaining. Gerlach Moran Walz (MN) Frank (MA) Miller (NC) Wasserman b 1716 Gibson Murphy (CT) Wasserman Fudge Miller, George Schultz Gonzalez Nadler Schultz Garamendi Moore Waters So the amendment was rejected. Green, Al Napolitano Waters

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.098 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8053 Watt Welch Woolsey b 1719 Wasserman Watt Wilson (FL) Waxman Wilson (FL) Yarmuth Schultz Waxman Woolsey So the amendment was rejected. Waters Welch Yarmuth NOES—250 The result of the vote was announced NOES—250 Adams Gibbs Nugent as above recorded. Aderholt Gingrey (GA) Nunes Adams Gibbs Noem Akin Gohmert Nunnelee Stated for: Aderholt Gibson Nugent Alexander Goodlatte Olson Mr. FILNER. Mr. Chair, on rollcall 877, I was Akin Gingrey (GA) Nunes Altmire Gosar Palazzo away from the Capitol due to prior commit- Alexander Gohmert Nunnelee Amash Gowdy Paulsen Amash Goodlatte Olson Amodei Granger Pearce ments to my constituents. Had I been present, Amodei Gosar Owens Austria Graves (GA) Pence I would have voted ‘‘aye.’’ Austria Gowdy Palazzo Bachus Granger Paulsen Bachus Graves (MO) Peterson AMENDMENT NO. 6 OFFERED BY MR. JOHNSON OF Barletta Griffin (AR) Petri Barletta Graves (GA) Pearce GEORGIA Barrow Griffith (VA) Pitts Barrow Graves (MO) Pence Barton (TX) Grimm Platts The Acting CHAIR. The unfinished Bartlett Griffin (AR) Peterson Bass (NH) Guinta Poe (TX) business is the demand for a recorded Barton (TX) Griffith (VA) Petri Bass (NH) Grimm Pitts Benishek Guthrie Pompeo vote on the amendment offered by the Berg Hall Posey Benishek Guinta Platts Biggert Harper Price (GA) gentleman from Georgia (Mr. JOHNSON) Berg Guthrie Poe (TX) Bilbray Harris Quayle on which further proceedings were Biggert Hall Pompeo Bilirakis Hastings (WA) Reed postponed and on which the noes pre- Bilbray Hanna Posey Bishop (GA) Hayworth Rehberg Bilirakis Harper Price (GA) Bishop (UT) Heck Reichert vailed by voice vote. Bishop (GA) Harris Quayle Black Hensarling Renacci The Clerk will redesignate the Bishop (UT) Hastings (WA) Rehberg Blackburn Herger Rigell amendment. Black Hayworth Reichert Bonner Herrera Beutler Rivera Blackburn Heck Renacci Bono Mack Huelskamp Roby The Clerk redesignated the amend- Bonner Hensarling Ribble Boren Huizenga (MI) Roe (TN) ment. Bono Mack Herger Rigell Boren Herrera Beutler Rivera Boswell Hultgren Rogers (AL) RECORDED VOTE Boustany Hunter Rogers (KY) Boustany Huelskamp Roby Brady (TX) Hurt Rogers (MI) The Acting CHAIR. A recorded vote Brady (TX) Huizenga (MI) Roe (TN) Brooks Issa Rohrabacher has been demanded. Brooks Hultgren Rogers (AL) Broun (GA) Hunter Rogers (MI) Broun (GA) Jenkins Rokita A recorded vote was ordered. Buchanan Johnson (IL) Rooney Buchanan Hurt Rohrabacher Bucshon Johnson (OH) Ros-Lehtinen The Acting CHAIR. This will be a 2- Buerkle Issa Rokita Buerkle Johnson, Sam Roskam minute vote. Burgess Jenkins Rooney Burgess Jones Ross (AR) The vote was taken by electronic de- Burton (IN) Johnson (IL) Ros-Lehtinen Burton (IN) Jordan Ross (FL) Calvert Johnson (OH) Roskam Calvert Kelly Royce vice, and there were—ayes 170, noes 250, Camp Johnson, Sam Ross (AR) Camp Kind Runyan not voting 13, as follows: Campbell Jones Ross (FL) Canseco Jordan Royce Campbell King (IA) Ryan (WI) [Roll No. 878] Canseco King (NY) Scalise Cantor Kelly Runyan Cantor Kingston Schilling AYES—170 Capito King (IA) Ryan (WI) Capito Kinzinger (IL) Schock Cardoza King (NY) Scalise Ackerman Green, Gene Murphy (CT) Carter Kingston Schilling Cardoza Kissell Schrader Altmire Grijalva Nadler Carter Kline Schweikert Cassidy Kinzinger (IL) Schock Andrews Gutierrez Napolitano Chabot Kissell Schrader Cassidy Labrador Scott (SC) Baca Hahn Neal Chabot Chaffetz Kline Schweikert Lamborn Scott, Austin Baldwin Hanabusa Olver Chaffetz Lance Sensenbrenner Chandler Labrador Scott (SC) Bass (CA) Hastings (FL) Pallone Chandler Landry Sessions Coble Lamborn Scott, Austin Becerra Heinrich Pascrell Coble Lankford Shimkus Coffman (CO) Lance Sensenbrenner Berkley Higgins Pastor (AZ) Coffman (CO) Latham Shuler Cole Landry Sessions Berman Himes Payne Cole LaTourette Shuster Conaway Lankford Shimkus Bishop (NY) Hinchey Pelosi Conaway Latta Simpson Cooper Latham Shuler Blumenauer Hinojosa Perlmutter Costa LaTourette Shuster Cooper Lewis (CA) Smith (NE) Boswell Hirono Costa LoBiondo Smith (NJ) Peters Cravaack Latta Simpson Brady (PA) Hochul Pingree (ME) Crawford Lewis (CA) Smith (NE) Cravaack Long Smith (TX) Braley (IA) Holden Crawford Lucas Southerland Polis Crenshaw LoBiondo Smith (NJ) Brown (FL) Holt Price (NC) Cuellar Long Smith (TX) Crenshaw Luetkemeyer Stearns Butterfield Honda Quigley Culberson Lucas Southerland Culberson Lummis Stivers Capps Hoyer Rahall Davis (KY) Luetkemeyer Stearns Davis (KY) Lungren, Daniel Stutzman Capuano Inslee Rangel Denham Lummis Stivers Denham E. Sullivan Carnahan Israel Reyes Dent Lungren, Daniel Stutzman Dent Mack Terry Carney Jackson (IL) Richardson DesJarlais E. Sullivan DesJarlais Manzullo Thompson (CA) Carson (IN) Jackson Lee Richmond Diaz-Balart Mack Terry Diaz-Balart Marchant Thompson (PA) Castor (FL) (TX) Rothman (NJ) Dold Manzullo Thompson (PA) Dicks Marino Thornberry Chu Johnson (GA) Dold Matheson Tiberi Roybal-Allard Dreier Marchant Thornberry Cicilline Johnson, E. B. Duffy Marino Tiberi Dreier McCarthy (CA) Tipton Clarke (MI) Kaptur Ruppersberger Duffy McCaul Turner (NY) Rush Duncan (SC) Matheson Tipton Clarke (NY) Keating Duncan (TN) McCarthy (CA) Turner (NY) Duncan (SC) McClintock Turner (OH) Clay Kildee Ryan (OH) ´ Ellmers McCaul Turner (OH) Duncan (TN) McCotter Upton Cleaver Kind Sanchez, Linda Ellmers McHenry Walberg T. Emerson McClintock Upton Clyburn Kucinich Farenthold McCotter Walberg Emerson McIntyre Walden Cohen Langevin Sanchez, Loretta Farenthold McKeon Walsh (IL) Sarbanes Fincher McHenry Walden Connolly (VA) Larsen (WA) Fitzpatrick McIntyre Walsh (IL) Fincher McKinley Webster Conyers Larson (CT) Schakowsky Flake McMorris West Schiff Flake McKeon Webster Costello Lee (CA) Fleischmann McKinley West Fleischmann Rodgers Westmoreland Courtney Levin Schwartz Fleming Meehan Whitfield Scott (VA) Fleming McMorris Westmoreland Critz Lewis (GA) Flores Rodgers Whitfield Flores Mica Wilson (SC) Crowley Lipinski Scott, David Forbes Miller (FL) Wittman Serrano Forbes Meehan Wilson (SC) Cummings Loebsack Fortenberry Mica Wittman Fortenberry Miller (MI) Wolf Davis (CA) Lofgren, Zoe Sewell Foxx Miller, Gary Womack Sherman Foxx Miller (FL) Wolf Davis (IL) Lowey Franks (AZ) Miller (MI) Womack Franks (AZ) Mulvaney Woodall ´ Sires DeFazio Lujan Frelinghuysen Miller, Gary Woodall Frelinghuysen Murphy (PA) Yoder DeGette Lynch Slaughter Gallegly Myrick Young (AK) Smith (WA) Gallegly Mulvaney Yoder DeLauro Maloney Gardner Murphy (PA) Young (AK) Gardner Neugebauer Young (FL) Speier Dicks Markey Garrett Myrick Young (FL) Garrett Noem Young (IN) Stark Dingell Matsui Gerlach Neugebauer Young (IN) Doggett McCarthy (NY) Sutton NOT VOTING—11 Donnelly (IN) McCollum Thompson (CA) NOT VOTING—13 Bachmann Doyle Hartzler Edwards McDermott Thompson (MS) Bachmann Garamendi Reed Bartlett Filner Paul Ellison McGovern Tierney Bucshon Giffords Rogers (KY) Conyers Giffords Schmidt Engel McNerney Tonko Deutch Gonzalez Schmidt Deutch Grijalva Eshoo Meeks Towns Doyle Hartzler Farr Michaud Tsongas Filner Paul ANNOUNCEMENT BY THE ACTING CHAIR Fattah Miller (NC) Van Hollen Frank (MA) Miller, George Vela´ zquez b 1724 The Acting CHAIR (during the vote). Fudge Moore Visclosky There are 30 seconds remaining. Green, Al Moran Walz (MN) So the amendment was rejected.

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.043 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8054 CONGRESSIONAL RECORD — HOUSE December 1, 2011 The result of the vote was announced amendment to H.R. 527 that, if passed, My final amendment does this by en- as above recorded. will allow the bill to be brought back suring that we allow those regulations Stated for: promptly to take a vote for final pas- that are needed to protect these incen- Mr. FILNER. Mr. Chair, on rollcall 878, I was sage. Mr. Speaker, this final amend- tives for the small businesses who want away from the Capitol due to prior commit- ment is noncontroversial and aims to to hire veterans. I would have no ments to my constituents. Had I been present, do one simple thing: to protect the in- doubt—I would never think that my I would have voted ‘‘aye.’’ centives that assist small businesses to colleagues on any side of the aisle The Acting CHAIR (Mr. GARDNER). hire veterans. This amendment comes would want to intentionally hinder the The question is on the amendment in at a very critical time for our small hiring of veterans, especially after I the nature of a substitute, as amended. businesses and for our veterans. saw that unanimous vote right before The amendment was agreed to. Several weeks ago, this House did Thanksgiving. Remember that—we fi- The Acting CHAIR. Under the rule, something that most of America nally did something together. the Committee rises. doesn’t believe we do anymore. We So I ask all of you, let’s do the right Accordingly, the Committee rose; came together, all of us—Republicans thing. Will you stand with our veterans and the Speaker pro tempore (Mr. and Democrats. We voted on a bill, and and small businesses and protect those BISHOP of Utah) having assumed the we passed a bill together, unanimously, incentives that we voted for 2 weeks chair, Mr. GARDNER, Acting Chair of the VOW to Hire Heroes Act of 2011. ago? If you believe it’s the right thing the Committee of the Whole House on The bill pushes key provisions, like to do, then you will vote for this the state of the Union, reported that providing small businesses with incen- amendment. that Committee, having had under con- tives so that they will hire veterans If you believe that a 21 percent unem- sideration the bill (H.R. 527) to amend who have been unable to find employ- ployment rate for our young male vet- chapter 6 of title 5, United States Code ment. As a new law, the tax credits erans between the ages of 18 and 24 is (commonly known as the Regulatory that we offer in that VOW bill would too high, then you will vote for my Flexibility Act), to ensure complete require additional regulations to be amendment to ensure those incentives analysis of potential impacts on small implemented in order for small busi- to hire our veterans will be in place. entities of rules, and for other pur- nesses to begin to hire our veterans. I want to make clear once more to poses, and, pursuant to House Resolu- Our veterans need jobs—not tomorrow, my colleagues on the other side of the tion 477, reported the bill back to the but now. Yet this bill, the one we are aisle; a ‘‘yes’’ vote on my amendment House with an amendment adopted in considering right now, sets up many will not prevent this bill from being the Committee of the Whole. new hurdles and delays for new regula- voted on today. The SPEAKER pro tempore. Under tions, like those needed for the imple- If adopted, it will be incorporated the rule, the previous question is or- mentation of the VOW to Hire Heroes into the bill and voted on for final pas- dered. Act. sage. Is a separate vote demanded on the In a little more than 2 weeks, we I ask my colleagues to do the right amendment to the amendment re- went from a 422–0 vote with that VOW thing, to fight for protecting the incen- ported from the Committee of the Act to now potentially hindering our tives that will allow our veterans to be Whole? small businesses from hiring veterans. hired by small businesses. If not, the question is on the amend- Regardless of how either aisle feels ment in the nature of a substitute, as b 1730 about the underlying bill, I know this amended. However, we have a chance to fix chamber can make the right choice by The amendment was agreed to. that. We have a chance to fix that The SPEAKER pro tempore. The right now, and we have a chance to fix voting ‘‘yes’’ on my amendment. question is on the engrossment and it and to bring back this vote prompt- Mr. GOWDY. Mr. Speaker, I rise in third reading of the bill. ly, to bring this bill and vote it today. opposition to the motion to recommit. The bill was ordered to be engrossed So I ask my colleagues, especially The Acting CHAIR. The gentleman and read a third time, and was read the those on the other side, what are your from South Carolina is recognized for 5 third time. priorities? I know what my priorities minutes. Mr. GOWDY. The President in this MOTION TO RECOMMIT are. My priorities are to small busi- very Chamber said we should have no Ms. LORETTA SANCHEZ of Cali- nesses and my priorities are to our vet- more regulation than is necessary for fornia. Mr. Speaker, I have a motion to erans who have fought for this Nation. the health, safety, and security of the recommit at the desk. Mr. Speaker, if my colleagues on the The SPEAKER pro tempore. Is the other side truly believe that small American people. Mr. Speaker, the gentlewoman opposed to the bill? businesses are what create the jobs in President in this very Chamber con- Ms. LORETTA SANCHEZ of Cali- America, then we can fix this bill by ceded overregulation has stifled inno- fornia. I am opposed to the bill, Mr. voting for my amendment. If you be- vation and chilled growth and jobs. Speaker. lieve that our veterans should not have Professor Cass Sunstein, hardly a con- The SPEAKER pro tempore. The to fight for a job after having fought servative acolyte, said we must take Clerk will report the motion to recom- for our country, then we can fix this aggressive steps to eliminate unjusti- mit. bill by voting for my amendment. fied regulatory burdens, especially in The Clerk read as follows: If my colleagues believe that the today’s economic environment. Ms. Loretta Sanchez of California moves to over 250,000 unemployed veterans under Mr. Speaker, 43 percent of the payroll recommit the bill H.R. 527 to the Committee the age of 35 deserve a job, then we can in this country comes from small busi- on the Judiciary with instructions to report fix this bill by voting for my amend- ness, two-thirds of all the jobs created the same back to the House forthwith, with ment. in the last two decades come from the following amendment: I know what this side of the aisle be- small business. Small business, Mr. Add at the end of the bill the following: lieves. We know what the choice is. It’s Speaker, is the backbone of this econ- SEC. ll. PROTECTING INCENTIVES FOR SMALL about small businesses creating jobs omy and the single best way for all BUSINESSES TO HIRE VETERANS. and hiring these brave men and women. Americans, veterans included, but all This Act and the amendments made by We want our small businesses to have Americans, to experience the majesty this Act shall not apply to rule makings or of the American Dream. revisions of rules, if such rule makings or re- those incentives so that they can hire visions are for purposes of providing incen- our veterans now, not next year or the So one would think that our col- tives to small businesses (as such term is de- following year—now. We need jobs now. leagues would storm the aisle to join fined in chapter 6 of title 5, United States The bill itself raises a lot of regula- us in providing relief to small business, Code) for hiring veterans (as such term is de- tions and hurdles to new implementa- including veterans. One might think fined in section 101(2) of title 38). tion, but now we can fix the bill, and our colleagues would help us rush to The SPEAKER pro tempore. The gen- we can help our veterans and our small form a phalanx against an over- tlewoman is recognized for 5 minutes. businesses. It’s our duty here in Con- reaching regulatory apparatus. Ms. LORETTA SANCHEZ of Cali- gress to look after those who have So, Mr. Speaker, let’s stop using vet- fornia. I rise today to offer a final looked after the people of this country. erans as political footballs and start

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.104 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8055 helping all Americans, including vet- Clarke (NY) Jackson (IL) Polis Luetkemeyer Pitts Shuster erans. The Regulatory Flexibility Im- Clay Jackson Lee Price (NC) Lummis Platts Simpson Clyburn (TX) Quigley Lungren, Daniel Poe (TX) Smith (NE) provement Act of 2011 is a logical re- Cohen Johnson (GA) Rahall E. Pompeo Smith (NJ) form. It simply asks agencies to do the Connolly (VA) Johnson, E. B. Rangel Mack Posey Smith (TX) kind of pre-regulatory analysis they Conyers Jones Reyes Manzullo Price (GA) Southerland Marchant Quayle should have been doing anyway. Frank- Cooper Kaptur Richardson Stearns Costa Keating Richmond Marino Reed Stivers McCarthy (CA) Rehberg ly, the bill seeks to enact much of what Costello Kildee Ross (AR) Stutzman Courtney Kind McCaul Reichert the President claims he wants with re- Rothman (NJ) Sullivan Critz Kissell McClintock Renacci spect to regulatory reform, since small Roybal-Allard Terry Crowley Kucinich McCotter Ribble business creates most of our jobs. Ruppersberger Thompson (PA) Cuellar Langevin Rush McHenry Rigell Since regulatory compliance costs Cummings Larsen (WA) McKeon Rivera Thornberry Ryan (OH) Tiberi Davis (CA) Larson (CT) ´ McKinley Roby are higher for them than for larger Sanchez, Linda Tipton Davis (IL) Lee (CA) T. McMorris Roe (TN) competitors, Congress passed the RFA Turner (NY) DeFazio Levin Sanchez, Loretta Rodgers Rogers (AL) Meehan Rogers (KY) Turner (OH) of 1980 requiring agencies to analyze DeGette Lewis (GA) Sarbanes Mica Rogers (MI) Upton regulations in advance. Hardly a revo- DeLauro Lipinski Schakowsky Deutch Loebsack Miller (FL) Rohrabacher Walberg lutionary idea, Mr. Speaker. Know the Schiff Dicks Lofgren, Zoe Miller (MI) Rokita Walden Schrader consequences of your actions before Dingell Lowey Miller, Gary Rooney Schwartz Walsh (IL) Doggett Lynch Mulvaney Ros-Lehtinen you act, especially when it comes to Scott (VA) Webster Donnelly (IN) Maloney Murphy (PA) Roskam having a chilling effect on job creation. Scott, David West Duncan (TN) Markey Myrick Ross (FL) But the experience over the last 15 Serrano Westmoreland Edwards Matheson Neugebauer Royce Whitfield Sewell Noem years has shown the law needs to be re- Ellison Matsui Runyan Wilson (SC) Engel McCarthy (NY) Sherman Nugent Ryan (WI) formed, Mr. Speaker, and updated be- Wittman Eshoo McCollum Shuler Nunes Scalise cause agencies aren’t getting the mes- Wolf Farr McDermott Sires Nunnelee Schilling Womack sage. Fattah McGovern Slaughter Olson Schweikert This bill requires agencies to do what Frank (MA) McIntyre Smith (WA) Palazzo Scott (SC) Woodall Yoder they should be doing anyway, which is Fudge McNerney Speier Paulsen Scott, Austin Garamendi Meeks Stark Pearce Sensenbrenner Young (AK) to calculate the impact of their regula- Gonzalez Michaud Sutton Pence Sessions Young (FL) tions on job creators beforehand, to Green, Al Miller (NC) Thompson (CA) Petri Shimkus Young (IN) make sure all agencies follow the rules, Green, Gene Miller, George Thompson (MS) Tierney NOT VOTING—12 not some of the time, not when they Grijalva Moore Gutierrez Moran Tonko Bachmann Filner Luja´ n feel like it, but all of the time. Hahn Murphy (CT) Towns Black Giffords Paul Mr. Speaker, our fellow citizens want Hanabusa Nadler Tsongas Cleaver Hartzler Schmidt to work. They want to meet the needs Hastings (FL) Napolitano Van Hollen Doyle Heinrich Schock Higgins Neal Vela´ zquez of their families. They want to meet Himes Olver Visclosky ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE their societal obligations, and we Hinchey Owens Walz (MN) The SPEAKER pro tempore (during should be doing everything in our Hinojosa Pallone Wasserman the vote). There are 2 minutes remain- power to make sure regulatory agen- Hirono Pascrell Schultz Hochul Pastor (AZ) Waters ing. cies ‘‘measure twice and cut once.’’ Holden Payne Watt And our job requires and this bill en- Holt Pelosi Waxman b 1755 sures that they get the message. Honda Perlmutter Welch Hoyer Peters Wilson (FL) So the motion to recommit was re- For this reason, Mr. Speaker, I urge Inslee Peterson Woolsey jected. my colleagues to oppose the motion to Israel Pingree (ME) Yarmuth The result of the vote was announced recommit. NOES—233 as above recorded. The SPEAKER pro tempore. Without Stated for: objection, the previous question is or- Adams Conaway Griffith (VA) Mr. FILNER. Mr. Speaker, on rollcall 879, I dered on the motion to recommit. Aderholt Cravaack Grimm Akin Crawford Guinta was away from the Capitol due to prior com- There was no objection. Alexander Crenshaw Guthrie mitments to my constituents. Had I been The SPEAKER pro tempore. The Amash Culberson Hall present, I would have voted ‘‘aye.’’ question is on the motion to recommit. Amodei Davis (KY) Hanna Austria Denham Harper The SPEAKER pro tempore. The The question was taken; and the Bachus Dent Harris question is on the passage of the bill. Speaker pro tempore announced that Barletta DesJarlais Hastings (WA) The question was taken; and the the noes appeared to have it. Bartlett Diaz-Balart Hayworth Barton (TX) Dold Heck Speaker pro tempore announced that RECORDED VOTE Bass (NH) Dreier Hensarling the ayes appeared to have it. Ms. LORETTA SANCHEZ of Cali- Benishek Duffy Herger RECORDED VOTE fornia. Mr. Speaker, I demand a re- Berg Duncan (SC) Herrera Beutler Biggert Ellmers Huelskamp Mr. MCGOVERN. Mr. Speaker, I de- corded vote. Bilbray Emerson Huizenga (MI) mand a recorded vote. A recorded vote was ordered. Bilirakis Farenthold Hultgren A recorded vote was ordered. The SPEAKER pro tempore. Pursu- Bishop (UT) Fincher Hunter The SPEAKER pro tempore. This is a ant to clause 8 and 9 of rule XX, this 15- Blackburn Fitzpatrick Hurt Bonner Flake Issa 5-minute vote. minute vote on the motion to recom- Bono Mack Fleischmann Jenkins The vote was taken by electronic de- mit will be followed by 5-minute votes Boustany Fleming Johnson (IL) vice, and there were—ayes 263, noes 159, Brady (TX) Flores Johnson (OH) on passage of H.R. 527, if ordered; and not voting 11, as follows: suspension of the rules with regard to Brooks Forbes Johnson, Sam Broun (GA) Fortenberry Jordan [Roll No. 880] House Resolution 364. Buchanan Foxx Kelly AYES—263 The vote was taken by electronic de- Bucshon Franks (AZ) King (IA) vice, and there were—ayes 188, noes 233, Buerkle Frelinghuysen King (NY) Adams Bilbray Buerkle Burgess Gallegly Kingston Aderholt Bilirakis Burgess not voting 12, as follows: Burton (IN) Gardner Kinzinger (IL) Akin Bishop (GA) Burton (IN) [Roll No. 879] Calvert Garrett Kline Alexander Bishop (UT) Calvert Camp Gerlach Labrador Altmire Black Camp AYES—188 Campbell Gibbs Lamborn Amash Blackburn Campbell Ackerman Bishop (GA) Capuano Canseco Gibson Lance Amodei Bonner Canseco Altmire Bishop (NY) Cardoza Cantor Gingrey (GA) Landry Austria Bono Mack Cantor Andrews Blumenauer Carnahan Capito Gohmert Lankford Barletta Boren Capito Baca Boren Carney Carter Goodlatte Latham Barrow Boswell Carney Baldwin Boswell Carson (IN) Cassidy Gosar LaTourette Bartlett Boustany Carter Barrow Brady (PA) Castor (FL) Chabot Gowdy Latta Barton (TX) Brady (TX) Cassidy Bass (CA) Braley (IA) Chandler Chaffetz Granger Lewis (CA) Bass (NH) Brooks Chabot Becerra Brown (FL) Chu Coble Graves (GA) LoBiondo Benishek Broun (GA) Chaffetz Berkley Butterfield Cicilline Coffman (CO) Graves (MO) Long Berg Buchanan Chandler Berman Capps Clarke (MI) Cole Griffin (AR) Lucas Biggert Bucshon Coble

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.108 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8056 CONGRESSIONAL RECORD — HOUSE December 1, 2011 Coffman (CO) Jenkins Price (GA) Jackson Lee Moore Schwartz Amash Dingell King (IA) Cole Johnson (IL) Quayle (TX) Moran Scott (VA) Amodei Doggett King (NY) Conaway Johnson (OH) Rahall Johnson (GA) Murphy (CT) Scott, David Andrews Dold Kingston Cooper Johnson, Sam Reed Johnson, E. B. Nadler Serrano Austria Donnelly (IN) Kinzinger (IL) Costa Jones Rehberg Kaptur Napolitano Sewell Baca Dreier Kissell Cravaack Jordan Reichert Keating Neal Sherman Bachus Duffy Kline Crawford Kelly Renacci Kildee Pallone Sires Baldwin Duncan (SC) Kucinich Crenshaw Kind Ribble Kucinich Pascrell Slaughter Barletta Duncan (TN) Labrador Langevin Pastor (AZ) Critz King (IA) Rigell Smith (WA) Barrow Edwards Lamborn Cuellar King (NY) Larsen (WA) Payne Rivera Speier Bartlett Ellison Lance Culberson Kingston Larson (CT) Pelosi Barton (TX) Ellmers Landry Roby Stark Davis (KY) Kinzinger (IL) Lee (CA) Peters Bass (CA) Emerson Langevin Roe (TN) Thompson (CA) DeFazio Kissell Rogers (AL) Levin Pingree (ME) Bass (NH) Engel Lankford Lewis (GA) Polis Thompson (MS) Denham Kline Rogers (KY) Becerra Eshoo Larsen (WA) Lipinski Price (NC) Tierney Dent Labrador Rogers (MI) Benishek Farenthold Larson (CT) DesJarlais Lamborn Lofgren, Zoe Quigley Tonko Rohrabacher Berg Farr Latham Diaz-Balart Lance Lowey Rangel Towns Rokita Berkley Fattah LaTourette Dold Landry Luja´ n Reyes Tsongas Rooney Berman Fincher Latta Dreier Lankford Lynch Richardson Van Hollen Ros-Lehtinen Biggert Fitzpatrick Lee (CA) Duffy Latham Maloney Richmond Vela´ zquez Roskam Bilbray Flake Levin Duncan (SC) LaTourette Markey Rothman (NJ) Visclosky Ross (AR) Bilirakis Fleischmann Lewis (CA) Duncan (TN) Latta Matsui Roybal-Allard Wasserman Ross (FL) Bishop (GA) Fleming Lewis (GA) Ellmers Lewis (CA) McCarthy (NY) Ruppersberger Schultz Royce Bishop (NY) Forbes Lipinski Emerson LoBiondo McCollum Rush Waters Runyan Bishop (UT) Fortenberry LoBiondo Farenthold Loebsack McDermott Ryan (OH) Watt Black Foxx Loebsack Fincher Long Ryan (WI) McGovern Sa´ nchez, Linda Scalise Waxman Blackburn Franks (AZ) Lofgren, Zoe Fitzpatrick Lucas McNerney T. Blumenauer Frelinghuysen Long Schilling Welch Flake Luetkemeyer Meeks Sanchez, Loretta Bonner Fudge Lowey Schock Wilson (FL) Fleischmann Lummis Michaud Sarbanes Bono Mack Gallegly Lucas Schrader Woolsey Fleming Lungren, Daniel Miller (NC) Schakowsky Boren Gardner Luetkemeyer Schweikert Yarmuth Flores E. Miller, George Schiff Boswell Garrett Luja´ n Scott (SC) Forbes Mack Boustany Gerlach Lummis Scott, Austin NOT VOTING—11 Fortenberry Manzullo Brady (PA) Gibbs Lungren, Daniel Sensenbrenner Foxx Marchant Bachmann Filner Paul Brady (TX) Gibson E. Sessions Franks (AZ) Marino Bachus Giffords Schmidt Braley (IA) Gingrey (GA) Lynch Frelinghuysen Matheson Shimkus Cleaver Hartzler Tipton Brooks Gohmert Mack Gallegly McCarthy (CA) Shuler Doyle Olver Broun (GA) Gonzalez Maloney Gardner McCaul Shuster Brown (FL) Goodlatte Manzullo Garrett McClintock ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Simpson Buchanan Gosar Marchant Gerlach McCotter Smith (NE) The SPEAKER pro tempore (during Bucshon Gowdy Marino Gibbs McHenry Smith (NJ) the vote). There is 1 minute remaining. Buerkle Granger Markey Gibson McIntyre Smith (TX) Burgess Graves (GA) Matheson Gingrey (GA) McKeon Southerland 1801 Burton (IN) Graves (MO) Matsui Gohmert McKinley b Stearns Butterfield Green, Al McCarthy (CA) Goodlatte McMorris Stivers So the bill was passed. Calvert Green, Gene McCarthy (NY) Gosar Rodgers Stutzman The result of the vote was announced Camp Griffin (AR) McCaul Gowdy Meehan Sullivan Granger Mica as above recorded. Campbell Griffith (VA) McClintock Sutton Cantor Grijalva McCollum Graves (GA) Miller (FL) Terry A motion to reconsider was laid on Graves (MO) Miller (MI) Capito Grimm McCotter Thompson (PA) the table. Capps Guinta McDermott Griffin (AR) Miller, Gary Thornberry Griffith (VA) Mulvaney Stated for: Capuano Guthrie McGovern Tiberi Grimm Murphy (PA) Cardoza Gutierrez McHenry Turner (NY) Mr. BACHUS. Mr. Speaker, on rollcall No. Guinta Myrick Carnahan Hahn McIntyre Turner (OH) 880 on final passage of H.R. 527, I was on Guthrie Neugebauer Carney Hall McKeon Upton Hall Noem the House floor, but inadvertently missed the Carson (IN) Hanabusa McMorris Walberg Hanna Nugent voted. Had I been recorded, I would have Carter Hanna Rodgers Harper Nunes Walden voted ‘‘aye.’’ Cassidy Harper McNerney Walsh (IL) Castor (FL) Harris Meehan Harris Nunnelee Stated against: Hastings (WA) Olson Walz (MN) Chabot Hastings (FL) Meeks Hayworth Owens Webster Mr. FILNER. Mr. Speaker, on rollcall No. Chaffetz Hastings (WA) Mica Heck Palazzo West 880, I was away from the Capitol due to prior Chandler Hayworth Michaud Hensarling Paulsen Westmoreland commitments to my constituents. Had I been Chu Heck Miller (MI) Herger Pearce Whitfield Cicilline Heinrich Miller (NC) Herrera Beutler Pence Wilson (SC) present, I would have voted ‘‘no.’’ Clarke (MI) Hensarling Miller, Gary Clarke (NY) Herger Miller, George Hochul Perlmutter Wittman f Holden Peterson Wolf Clay Herrera Beutler Moore Huelskamp Petri Womack Cleaver Higgins Moran GABRIEL ZIMMERMAN MEETING Clyburn Himes Mulvaney Huizenga (MI) Pitts Woodall ROOM Hultgren Platts Yoder Coble Hinchey Murphy (CT) Hunter Poe (TX) Young (AK) Coffman (CO) Hinojosa Murphy (PA) The SPEAKER pro tempore. The un- Cohen Hirono Myrick Hurt Pompeo Young (FL) finished business is the vote on the mo- Issa Posey Young (IN) Cole Hochul Nadler tion to suspend the rules and agree to Conaway Holden Napolitano NOES—159 the resolution (H. Res. 364) designating Connolly (VA) Holt Neal Conyers Honda Neugebauer Ackerman Clay Frank (MA) room HVC 215 of the Capitol Visitor Cooper Hoyer Noem Andrews Clyburn Fudge Center as the ‘‘Gabriel Zimmerman Costa Huelskamp Nugent Baca Cohen Garamendi Meeting Room’’, on which the yeas and Costello Huizenga (MI) Nunes Baldwin Connolly (VA) Gonzalez nays were ordered. Courtney Hultgren Nunnelee Bass (CA) Conyers Green, Al Cravaack Hunter Olson Becerra Costello Green, Gene The Clerk read the title of the resolu- Crawford Hurt Olver Berkley Courtney Grijalva tion. Crenshaw Inslee Owens Berman Crowley Gutierrez The SPEAKER pro tempore. The Critz Israel Palazzo Bishop (NY) Cummings Hahn Crowley Issa Pallone Blumenauer Davis (CA) question is on the motion offered by Cuellar Jackson (IL) Pascrell Hanabusa Brady (PA) Davis (IL) the gentleman from Tennessee (Mr. Culberson Jackson Lee Pastor (AZ) Hastings (FL) Braley (IA) DeGette Cummings (TX) Paulsen Heinrich FLEISCHMANN) that the House suspend Brown (FL) DeLauro Davis (CA) Jenkins Payne Butterfield Deutch Higgins the rules and agree to the resolution. Davis (IL) Johnson (GA) Pearce Capps Dicks Himes This is a 5-minute vote. Davis (KY) Johnson (IL) Pelosi Capuano Dingell Hinchey The vote was taken by electronic de- DeFazio Johnson (OH) Pence Hinojosa Cardoza Doggett vice, and there were—yeas 419, nays 0, DeGette Johnson, E. B. Perlmutter Carnahan Donnelly (IN) Hirono DeLauro Johnson, Sam Peters Carson (IN) Edwards Holt not voting 14, as follows: Denham Jones Peterson Castor (FL) Ellison Honda [Roll No. 881] Dent Jordan Petri Chu Engel Hoyer DesJarlais Kaptur Pingree (ME) Cicilline Eshoo Inslee YEAS—419 Deutch Kelly Pitts Clarke (MI) Farr Israel Ackerman Aderholt Alexander Diaz-Balart Kildee Platts Clarke (NY) Fattah Jackson (IL) Adams Akin Altmire Dicks Kind Poe (TX)

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.055 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8057 Polis Sanchez, Loretta Thornberry Mr. PALAZZO. Mr. Speaker, this vent the postal service from closing Pompeo Sarbanes Tiberi weekend the 10–2 University of South- any post office that does not have an Posey Scalise Tierney Price (GA) Schakowsky Tipton ern Mississippi Golden Eagles are going alternate post office within 8 miles Price (NC) Schiff Tonko to be traveling to Houston, Texas, to driving. Quayle Schilling Towns win the Conference U.S. Championship Quigley Schock f Tsongas Game. As a fourth generation Golden Rahall Schrader Turner (NY) VOTER SUPPRESSION Rangel Schwartz Turner (OH) Eagle, I would like to place a friendly Reed Schweikert Upton wager with my colleague from Hous- (Ms. WOOLSEY asked and was given Rehberg Scott (SC) permission to address the House for 1 Reichert Scott (VA) Van Hollen ton, Texas—a gallon of Mary ´ Renacci Scott, Austin Velazquez Mahoney’s famous seafood gumbo— minute and to revise and extend her re- Reyes Scott, David Visclosky that we will walk away victorious. marks.) Ribble Sensenbrenner Walberg Ms. WOOLSEY. Mr. Speaker, it’s bad Walden Ms. JACKSON LEE of Texas. Will the Richardson Serrano enough that the people who control Richmond Sessions Walsh (IL) gentleman yield? Rigell Sewell Walz (MN) Mr. PALAZZO. I yield to the gentle- this body aren’t interested in creating Rivera Sherman Wasserman woman from Texas. jobs for the American people. But now, Roby Shimkus Schultz if people want new leadership in the Roe (TN) Shuler Waters Ms. JACKSON LEE of Texas. I am a Rogers (AL) Shuster Watt proud Cougar, and as you well know, House, if they want a Congress that Rogers (KY) Simpson Waxman Cougars are silent, fast, and deadly. We will finally focus on job creation, Rogers (MI) Sires Webster welcome Southern Miss to Houston, they’re foiled by restrictive election Rohrabacher Slaughter Welch laws designed to suppress the vote. Rokita Smith (NE) Texas, the 12–0 Cougars, and we plan to West Guess which populations are disen- Rooney Smith (NJ) Westmoreland give you all the barbecue you can eat Ros-Lehtinen Smith (TX) Whitfield as we celebrate the victory of the great franchised by strict photo ID require- Roskam Smith (WA) Wilson (FL) ments and other barriers to political Ross (AR) Southerland Cougars, University of Houston, aca- Wilson (SC) Ross (FL) Speier demic and athletic champions. It’s a participation? Rothman (NJ) Stark Wittman pleasure to place this wager with you It’s not the wealthiest 1 percent. It’s Roybal-Allard Stearns Wolf not the affluent and the comfortable. Womack tonight. Cougars—ready to pounce on Royce Stivers It’s not, frankly, the base of the Repub- Runyan Stutzman Woodall you. Ruppersberger Sullivan Woolsey Mr. PALAZZO. Well, our Golden Ea- lican Party. It’s disproportionately Rush Sutton Yarmuth gles’ talons are going to be out. communities of color and low-income Ryan (OH) Terry Yoder families who are having their rights Ryan (WI) Thompson (CA) Young (AK) They’re going to be ready. They’re Sa´ nchez, Linda Thompson (MS) Young (FL) going to be sharp, and we’re going to undermined and even stripped away. T. Thompson (PA) Young (IN) rip you all to shreds. I accept your These laws, passing in State after State, are underhanded. They’re an at- NOT VOTING—14 wager. tempt to consolidate political power. Bachmann Frank (MA) McKinley Ms. JACKSON LEE of Texas. Peace Canseco Garamendi Miller (FL) in the valley. Victory for the Cougars. They are unfair, undemocratic. And Doyle Giffords voting rights are among the most pre- Paul f Filner Hartzler Schmidt cious privileges that we have as citi- Flores Keating b 1810 zens, and they must be protected. 1808 b POSTAL REFORM LEGISLATION f So (two-thirds being in the affirma- (Mr. CRAWFORD asked and was LARRY MUNSON tive) the rules were suspended and the given permission to address the House (Mr. AUSTIN SCOTT of Georgia resolution was agreed to. for 1 minute.) The result of the vote was announced asked and was given permission to ad- Mr. CRAWFORD. Mr. Speaker, in fis- as above recorded. dress the House for 1 minute.) A motion to reconsider was laid on cal year 2011, the United States Postal Mr. AUSTIN SCOTT of Georgia. Mr. the table. Service brought in $65.7 billion in rev- Speaker, as a University of Georgia Stated for: enue but spent $70.6 billion. When graduate and lifelong Bulldog fan, I’d Mr. FILNER. Mr. Speaker, on rollcall 881, I counting a $5.5 billion mandatory pay- like to pay tribute to a fallen legend in was away from the Capitol due to prior com- ment to fund retiree health benefits, the Bulldog Nation. Last week, Larry mitments to my constituents. Had I been which they would have defaulted on al- Munson passed away at the great age present, I would have voted ‘‘aye.’’ ready were it not for the extensions on of 89. the payment, the postal service ran a From an announcer for Major League f deficit of $10.6 billion. Baseball to a U.S. Army medic during REPORT ON RESOLUTION PRO- In an attempt to cut costs, the postal World War II, Larry Munson was a VIDING FOR CONSIDERATION OF service has announced that it’s consid- leader and a hero. However, he’ll best H.R. 10, REGULATIONS FROM THE ering closing over 3,600 post offices, the be known for his time spent as a radio EXECUTIVE IN NEED OF SCRU- large majority of which are rural. By football announcer for the Georgia TINY ACT OF 2011 the postal service’s own numbers, they Bulldogs. Mr. NUGENT, from the Committee would only save $200 million annually For over 40 years, his passionate and on Rules, submitted a privileged report if they were to close each of these post authentic sportscasting set him apart (Rept. No. 112–311) on the resolution (H. offices. from every other sports broadcaster. In Res. 479) providing for consideration of This is kind of like asking a family of fact, many of his phrases have become the bill (H.R. 10) to amend chapter 8 of four that makes $65,700 a year and adds a part of Bulldog fan lore. From Her- title 5, United States Code, to provide $10,600 in credit card, and then only schel Walker running over people, to that major rules of the executive cuts $200 from their annual budget to Kevin Butler’s 100,000-mile field goal, branch shall have no force or effect un- get their finances under control. Larry Munson’s radio calls will live as less a joint resolution of approval is en- Last month I visited the Grubbs and some of the most memorable in college acted into law, and for other purposes, Sedgwick post offices, two of the 100 football. which was referred to the House Cal- post offices that are being considered Georgia Bulldog fans will never for- endar and ordered to be printed. for closure in my rural district. Resi- get the sugar falling out of the sky and f dents in both towns told me about the the hobnail boot. Thus, with the Geor- important role that their post office gia Bulldogs and the LSU Tigers to SOUTHERN MISSISSIPPI GOLDEN plays in their communities. square off this weekend in the SEC EAGLES TAKE ON HOUSTON COU- In order to prevent the post office championship, I end with the words GARS from unfairly targeting rural commu- Bulldog fans are used to hearing from (Mr. PALAZZO asked and was given nities, I recently introduced H.R. 3370, Mr. Munson each and every game day: permission to address the House for 1 the Protecting our Rural Post Offices ‘‘As we prepare for another meeting minute.) Act of 2011. The legislation would pre- between the hedges, let all the Bulldog

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.056 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8058 CONGRESSIONAL RECORD — HOUSE December 1, 2011 faithful rally behind the men who now inch deep and miles and miles wide so these measures sit over in the other wear the red and black with two words, that everyone is participating. Let’s body. two simple words which express the get rid of the underbrush, all the loop- I call on the leadership of the other sentiments of the entire Bulldog Na- holes. body and all Members to get this legis- tion: Go Dawgs.’’ Number four, and finally we need to lation moving forward. There are mil- f drill our own oil. We cannot keep im- lions of people without jobs, and they porting 65 percent of our oil. We need need us to act not later but now. DEMANDING RELEASE OF ALAN to have an all-of-the-above energy pol- And finally, I call on them to help fi- GROSS FROM CUBAN PRISON icy. nalize a 41⁄2-year-old, with more than 21 (Mr. ENGEL asked and was given f extensions, FAA bill that still lan- permission to address the House for 1 guishes. It’s time to stop the nonsense minute and to revise and extend his re- FIXING MEDICARE and get America back to work. marks.) REIMBURSEMENT RATE Let’s pass these bills held hostage. Mr. ENGEL. Mr. Speaker, today is (Mr. MURPHY of Connecticut asked f the second anniversary of the unfair and was given permission to address and brutal incarceration by the Cuban CONGRESSIONAL PROGRESSIVE the House for 1 minute and to revise CAUCUS regime of Alan Gross, an American cit- and extend his remarks.) izen; and I urge his immediate release. Mr. MURPHY of Connecticut. Mr. The SPEAKER pro tempore (Mr. Alan Gross is 62 years old and, in a Speaker, I rise today to speak on be- MEEHAN). Under the Speaker’s an- trumped-up trial, was given 15 years in half of the 600,000 Medicare bene- nounced policy of January 5, 2011, the prison. Alan Gross has worked in inter- ficiaries in Connecticut and the thou- gentleman from Minnesota (Mr. ELLI- national development in over 50 coun- sands of physicians who care for them. SON) is recognized for 60 minutes as the tries through the past several years We need to take up a bill in this Con- designee of the minority leader. and was in Cuba to aid the tiny Jewish gress over the next several weeks to fi- Mr. ELLISON. Mr. Speaker, thank community with telecommunications nally fix the flawed Medicare sustain- you. and Internet services when he was ar- able growth rate formula. My name is KEITH ELLISON, cochair rested and accused of being an Amer- Since 2003, for almost a decade, phy- of the Progressive Caucus, and I do ican spy. This is a new low even for the sicians have been dealing with the un- hereby claim this Special Order hour Cuban regime. This is a new low even certainty that comes with scheduled on behalf of the Progressive Caucus. for the Castro brothers. annual rate reductions. They’re staring Right away, I’d like to introduce my Alan Gross’s wife and family need at a 28 percent reduction right now. good friend from the great State of him. His mother was just diagnosed That means about $28,000 per year per Georgia, Congressman HANK JOHNSON, with inoperable cancer, and his daugh- Connecticut physician. who has served with distinction along ter was also diagnosed with cancer. If this were to happen, it would hap- with me since 2007. Congressman JOHN- They need him back. pen at the worst possible time. With all SON is the whip of the Progressive Cau- We demand him back. He is an Amer- the baby boomers coming on to the cus. Tonight we’re going to be talking ican citizen, and we are watching and Medicare rolls, there would be a lot of about jobs, income inequality, and the whole world is watching. Alan physicians who just couldn’t take we’re going to be talking about this Gross should not be incarcerated for Medicare patients any longer. They’d issue on behalf of the Congressional doing nothing except trying to help a likely have to lay off workers at a time Progressive Caucus. very tiny community in Cuba. And I when we already have 9 percent unem- Our Web page is right here at the demand his immediate release. ployment in Connecticut and across bottom of this document that I’m f the Nation. showing, Mr. Speaker. So we do en- courage people to sign up and get ahold ECONOMIC RECOVERY This is unacceptable and we have to do something about it. So over the of us. (Mr. KINGSTON asked and was given next several weeks, let’s fix this once In the very beginning of this hour, I permission to address the House for 1 and for all. Let’s stand together as a want to recognize my friend from Geor- minute and to revise and extend his re- Congress and put an end to this out- gia so that he can make some introduc- marks.) dated system and provide some cer- tory remarks about the importance of Mr. KINGSTON. Mr. Speaker, I think tainty and security for America’s sen- jobs, just as soon as he’s ready to take there are four things the United States iors and America’s physicians. it on. of America needs to do to turn the If the gentleman is prepared to make economy around. f some opening and preliminary remarks Number one, we need to balance the b 1820 about the importance of jobs, economic budget. We can do this on a bipartisan justice in the American middle class, I basis just by reducing the duplications URGING SENATE ACTION ON JOBS would like to yield to the gentleman to in government and the overlap between LEGISLATION take it away there. State functions and Federal functions; (Mr. MICA asked and was given per- Congressman JOHNSON. also getting through the waste, and mission to address the House for 1 Mr. JOHNSON of Georgia. I thank then trimming off 1 percent over time minute.) the gentleman from Minnesota, my to bring revenues and spending at the Mr. MICA. Mr. Speaker and my col- junior in the House. When I say that, I same level. Right now spending is at 23 leagues, it’s time for the other body to mean we’re both juniors, having served percent. Revenues historically have act. now in our third terms. We will be offi- been at 18 percent. Common sense says The Republican-controlled House of cially recognized, I guess if we’re fortu- you need to balance those out. Representatives has a plan for putting nate to make it back for the 113th Con- Number two, we need to get rid of the Americans back to work. We’ve moved gress, that will be our fourth term. We regulatory overload on businesses that on more than 20 pieces of legislation will be seniors, and we will be perma- are creating the jobs right now. Change that now sit idly in the other body. We nent seniors as long as the voters allow regulations from an ‘‘I gotcha’’ men- have provisions that will empower us to be. And we certainly want to do tality to one that ‘‘we’re here to help small businesses—the great job cre- what the voters want us to do here. because we’re in it together,’’ for work- ators of America. We have provisions What the voters of the Fourth Con- er safety, environmental protection or that will fix the Tax Code to help cre- gressional District of Georgia tell me whatever. We can do a lot just by ate jobs. We have provisions that will over and over and over again, day in changing the attitude of the regu- help manufacturing to have jobs in and day out, 24–7, is that jobs is the lators. America, not overseas. We have provi- issue, and they want us to pass the Number three, we need tax reform, sions that will encourage entrepreneur- President’s job creation bill. They tax simplification so that taxes are ship and growth and maximize Amer- don’t understand why simple proposals fair. The Tax Code needs to be a half an ican energy production. And all of that will create jobs and reinvigorate

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.116 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8059 our economy are something that we I think that you’re right to describe to determine the cause of death for can’t come to grips with here on the our colleagues as the Tea Party-Grover people. You will have more cleanup House floor. And I tell them to keep Norquist Republican Party because workers, workers who are dispatched the faith, but I also tell them where that seems to be who’s running things to clean up toxic sites. You’ll create the problem lies. It is not with the over there. those kinds of jobs. Yet, as for the kind President. It’s not with the Democrats You know, my father was a Repub- of high-level, 21st century jobs that in the House of Representatives. It’s lican. He is a Republican. He hasn’t America needs in order to be the leader with my friends on the other side of voted that way in a while. But he says, of the world economy in this global en- the aisle, the Tea Party-Grover I remember you guys could go down vironment that we’re in, there is not Norquist Republicans who want to bal- there and talk. You could debate the one measure that the Republicans have ance the budget. Their main issue is issues. Some of us wanted to pinch a introduced that will stimulate the cre- balancing our budget. And certainly penny a little harder, some of us want- ation of those kinds of jobs. our budget needs to be balanced, and ed to emphasize pulling yourself up by So what we’re doing, Congressman that’s something that we should do. your bootstraps a little more. You lib- ELLISON, is just creating conditions of It’s not our first priority. erals want to help everybody. great suffering so that people will vote Our priority right now, and I agree That’s what he says about me. But against President Obama next Novem- with the people of the Fourth District, the point is we could find a way to get ber. The stated goal of my friends on it should be jobs. And if we don’t create along. the other side of the aisle—their main, jobs, if we leave people on unemploy- Today the moderate Republican, I’m central goal—is to make sure that ment or unemployment having expired, looking for him. I can’t wait to have President Obama is a one-term Presi- that means less money circulating in him show up, because I cannot see any- dent. They don’t care about how much the economy. If there’s less money cir- body who has the spirit of cooperation pain they inflict on the American peo- culating, less economic activity, less that we could cut a deal with that ple, on the 99 percenters—and 47 per- job creation. And so there’s a lot that could balance fiscal discipline on the cent of them are millionaires, so they one hand and the need to help and re- we can do, Congressman ELLISON, to don’t have to worry. It’s just to serve a spond to the needs of Americans on the help the people, especially during this political purpose. holiday season. other hand. We see people who are car- Mr. ELLISON. The gentleman men- Mr. ELLISON. I thank the gen- rying forth an extreme ideological tioned that the stated goal of the Re- tleman. agenda that is all around tax breaks publicans was to make President I just want to say this is the holiday only for the rich people, that revolves Obama a one-term President. This is season. We should have a spirit of char- around unemployment being ignored, not just political rhetoric. MITCH ity in looking out for our fellow Ameri- that revolves around all of these MCCONNELL—and anybody sitting in cans during this time of year. But un- things. front of a computer can Google it and fortunately, we have seen a no-jobs They say ‘‘jobs.’’ People shouldn’t be look it up—said that was his goal, agenda from the party opposite. From confused, Congressman JOHNSON. You which was to make President Obama a the majority party, we have been here will hear Republicans say ‘‘jobs.’’ You one-term President. 11 months, we haven’t seen any jobs just won’t see them do anything about I think the goal of a Member of Con- bills out of them. jobs, because if they want to do some- gress ought to be to look after the wel- They say that tearing apart the EPA thing about jobs, we could pass the fare of the American people. I think a is a jobs bill. It is not a jobs bill. They American Jobs Act right away. say that damaging the National Labor Member of Congress ought to be trying b 1830 Relations Board is somehow going to to figure out how to look after the best bring forth jobs. It will not. We could help make sure those pay- interests of the congressional districts Everything they say is a jobs bill ba- roll tax deductions are extended, and that they represent. I think that ought sically boils down to two things—I we could make sure unemployment to mean jobs, health, safety, education. think you might agree, Congressman— benefits are extended, but we’re just Trying to defeat the President should is deconstructing health and safety not seeing any of that. never be anyone’s goal. I can guarantee rules and cutting taxes for people who What we are seeing is described on you it was not my goal. Even though I already are rich; and this is not a jobs this board right here, which is the Re- did not think that his administration bill. publican no-jobs agenda. They’ve got a was the best administration for Amer- A jobs bill is taking care of our Na- no-jobs program. They’re saying, Get ica, my first goal was not to get rid of tion’s infrastructure, putting our vet- rid of the EPA, the Environmental Pro- President Bush. It was never my top erans back to work, as we tried to do tection Agency, which protects the goal. My goal was to try to promote today. The Democratic Caucus offered water and our lungs; make sure we are peace and justice, economic oppor- a motion to recommit to help support subject to toxic, hazardous waste and tunity and prosperity, not to try and jobs for our veterans, get small busi- pollution; and cut taxes for rich people. defeat somebody else. The fact is that nesses to hire them, and we didn’t get Then somehow, magically, we’ll end up the Republicans have neglected the any Republican support, which is quite with jobs. That’s not going to give any- economy, and they’ve neglected the amazing to me. body a job. middle class. It really is too bad. The fact is that, yes, here we are Mr. JOHNSON of Georgia. It cer- So, on this issue of paying for the ex- nearing the end of this year, nearing tainly will not create any jobs. There tension of the payroll tax deduction, I the end of 2011, and we’re seeing unem- is a false perception that has been just want to say that there is $1,000 ployment insurance perhaps about to bought into wholesale, unanimously, that Americans don’t have to pay in run out. We’re seeing payroll tax cuts by my Tea Party-Grover Norquist Re- their paychecks when they get them about to run out. Therefore, some peo- publican friends, and that is that de- every 2 weeks or every month, which is ple will see the end of their unemploy- regulation somehow creates jobs. because of the payroll tax cut. If that ment insurance and other people will Now, I know what kind of jobs are expires, they’ll see 1,000 more bucks see an increase in their payroll taxes. created when you deregulate the health over the course of a year that they’ll And it shocks me that our Repub- and safety of food, water, air quality, have to pay. lican friends are all for tax cuts, can’t drugs, Wall Street. I know what hap- Mr. JOHNSON of Georgia. Starting wait to vote for a tax cut, dying to pens when you don’t have any regula- January 1. vote for a tax cut whenever the recipi- tions. It means you’re going to have Mr. ELLISON. Starting January 1, ent of the tax cut is rich. But if the tax more people going to the doctor be- it’s going to come out of their checks. cut happens to go to somebody who cause of unsafe and unhealthy condi- Now, Democrats have said, Let’s ask works hard for a living, who goes to tions—adulterated food, water. It the most well-to-do Americans—— work, gets their hands dirty and comes means that you will have more—— Mr. JOHNSON of Georgia. The top 1 home, they don’t want to see a tax cut Mr. ELLISON. Asthma. percent. for that person. They just want to see Mr. JOHNSON of Georgia. People in Mr. ELLISON. And they don’t have tax cuts for only some people. the mortuary business who are trying to pay based on their first $1 million;

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.119 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8060 CONGRESSIONAL RECORD — HOUSE December 1, 2011 it’s just after their first $1 million—to of the 1 percent? Or a better question: do. And the one thing I like about the toss a little back to the American peo- How are you going to get 50 percent Occupy movement is you go there and ple so that we can extend the payroll plus one to vote for the interests of the you see people of all colors, all cul- tax cuts for working class people. 1 percent? You’ve got to keep them di- tures, all faiths. You go there and you Mr. JOHNSON of Georgia. But Grover vided. You’ve got to keep them con- see people, even people of different in- Norquist doesn’t want them to do it. fused. You’ve got to keep them asleep. come groups. Mr. ELLISON. Grover Norquist said You’ve got to keep them disliking each There was a group that we had at our no. They signed a pledge. other for no legitimate reason. hearing, which we had just a few days Mr. JOHNSON of Georgia. They Mr. JOHNSON of Georgia. So you ago, which there is a videotape on, on signed it 20 years ago. hold hearings on issues that are false our Web site, USCongress.org, and they Mr. ELLISON. They signed it. They issues. were calling themselves the Patriotic signed a pledge, not to the American Mr. ELLISON. Yes. Millionaires. Now these are people who people, but to Grover Norquist. Mr. JOHNSON of Georgia. You create used the American free enterprise sys- Mr. JOHNSON of Georgia. Who does controversy where there is none. tem, came up with a great idea, sold it, he represent? Mr. ELLISON. Right. people bought it, and they did well in Mr. JOHNSON of Georgia. This is a Mr. ELLISON. Do you represent him? the marketplace. game that, certainly, many people see Mr. JOHNSON of Georgia. I don’t Now, this is a good thing, but their is being played, but I wish far more represent him, and he doesn’t represent attitude is not, yes, America, you have people saw and understood what is ac- me or the folks that predominate my public schools which educated my tually taking place in their House of district. I’ve got a 99er district. workers, you had publicly funded roads Mr. ELLISON. I’ve got a 99er district Representatives. I believe that it’s one which allowed me to drive here, to as well. reason we have two groups of 99ers— drive there. You have the police de- The thing that really gets me is that, the and the Tea partment, which protects my business. if Grover Norquist lived in my district, Party movement, those who are dissat- You have the military, which protects I would feel duty-bound to at least lis- isfied with how things are going in ten to him because I listen to every- America. our whole country. Yes, America, you’ve done all this body in my district. But to sign a Mr. ELLISON. I do hope that we can stuff for me, but all this money is just pledge to him to subvert the interests help the people understand that their mine, and I’m not giving any to any- of the 99 percent is an outrageous interests lie with each other, right? So one. They didn’t say that. They say, thing. whether or not you’re a Muslim, Chris- Mr. JOHNSON of Georgia. All the tian, Jew, Buddhist, Hindu, Bahai, a you know what, to whom much is given, much is expected and they don’t while, Congressman ELLISON, pitting person who doesn’t practice any faith Americans against each other, trying but is just spiritual, an atheist—or mind doing their fair share for Amer- to stoke hatred and anger amongst the whatever you may happen to be—the ica. That’s the Patriotic Millionaires; 99 percenters on any issue they can. fact is we all breathe the same air; we that’s the spirit that helped this coun- Mr. ELLISON. Right, divide and con- all occupy this same small planet; and try become a great country; and it’s a quer. we have to find a way to live here. spirit we need today. Mr. JOHNSON of Georgia. That’s the Whether you are black, white, Latino, Mr. JOHNSON of Georgia. I do be- way it is. Asian, no matter whether you’re from lieve that you are 100 percent correct So right now, Congressman ELLISON, the South or from the North, no matter on that, and I want to give a shout out I feel like I have to say this because whether you were born in America or to those millionaires who are socially you’re such a great example of a true you came here, no matter whether conscious. There are so many people American patriot, one who lives life in you’re straight or gay, or no matter who are afflicted and who are just accordance with your inner ideals. We who you may be, you’re an American. eaten up with greed, and they already have the freedom in this country to do have more money than they can pos- so, but there are those right here in b 1840 sibly spend in this lifetime; yet they this Congress who would try to turn When you and I stand up in this very have an insatiable quest for more and the American people against you and room every morning and we say the more and more. people like you because of the religion Pledge of Allegiance, we, in that They are the ones who are supporting that you have chosen to follow. Pledge of Allegiance, with these very people like Grover Norquist and like Mr. ELLISON. That’s right. simple words, ‘‘and liberty and justice Dick Armey—— Mr. JOHNSON of Georgia. They don’t for all,’’ all, liberty and justice for all, Mr. ELLISON. FreedomWorks. have any idea that your dad is a Re- all Americans, I urge Americans to Mr. JOHNSON of Georgia. Who is a publican. look for the common good, the things proponent of the Tea Party movement; Mr. ELLISON. Yes. we all share. and those are the people, the Koch Mr. JOHNSON of Georgia. They don’t How can we come together around a brothers, those kinds of interests that have any knowledge of how you grew common narrative of a shared reality benefit from our system of government up and what kind of values you were as Americans so we don’t look at each but then, ironically, they would sup- taught and what kind of family you other as you’re a this and I’m a that, port and encourage those who want to had. They just want to condemn you and I don’t like you because of this his- do away with government. They want because you are a Muslim. They want torical thing and all of this kind of to strip government of its power to reg- to make you a threat to America, a stuff. Let’s find a way to unite our peo- ulate. They want to strip government threat to our military, and make a ple; because if we can unite our people, of its power to protect and to create threat of those engaged in the military Congressman JOHNSON, we can stand up fairness and prosperity. And it is just who happen to practice the faith of and advocate for policies that are to basic. I don’t care how rich you are, Islam. It plays into this decision to put the best good of the American people. but if you’re riddled with envy and Americans through this suffering so The American people will be wide with the need for more, you know, you that they will then vote against Presi- awake and clear that our economic in- just can’t be satisfied, you are going to dent Obama and the Democrats so that terests lie with each other, and we will be unhappy. the Republicans can then throw the not vote a program to give tax cuts to And the person who is unemployed welcome mat out like they have done millionaires simply because we have but doing their best to find a job and for the large corporate interests and been convinced that people of a dif- take care of their family and despite wealthy individuals in order to control ferent—people who pray on a different all obstacles is willing to do with half public policy in America. day that we do or pray in a different a crumb that they have extended to Mr. ELLISON. The gentleman makes way than we do, or have a different ap- their neighbor because their neighbor an excellent point. I mean, let me put pearance than we do are somehow our is in the same shape, we’re all in this it like this: enemy. together. Those are the types of ideals How are you going to get the 99 per- You know, we’ve got to build human that we used to have in this country, cent to vote for the exclusive interests solidarity. This is what we’ve got to we used to exemplify. But now it’s this

VerDate Mar 15 2010 03:40 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.120 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8061 culture of greed and avarice and self- here, you can’t just spew that stuff out people have a psychology of a win-lose. satisfaction. Reminds me of the old of that smokestack, we’re going to reg- They think in order for me to do well, days of the Roman Empire. ulate that stuff and some of that stuff you have to do poorly. But the truth Mr. ELLISON. Or even the old days you’re going to pay for the costs and about the universe we live in and a of the robber barons, like the 1890s, you the harm that you’ve caused to people strong economy is that if I do well and know, 1900. This was a time when in- as you go making money on that fac- I’m creating prosperity in the world dustry in America was young, and tory you have. through good products and services, there were no right—labor unions, They have a vision where that fac- and then I give you some of my money there were no environmental protec- tory owner will say, Mr. Government, by hiring you, then you have some tions and people would, if you lost your you get out of here. I’m going to call money and you will bring me value and hand on a punch press, you just were your boss. I gave a campaign donation we will see the economy grow and we out. to your boss, and we’re going to just all can be a little more prosperous. But Mr. JOHNSON of Georgia. So be it. make you leave us alone. some people think, well, if you get Mr. ELLISON. And if you actually And if we can’t get your boss to back something, then that means I don’t tried to get a fair from your boss, up off of us, we’re just going to sue you have something, so they just hoard. you just could be arrested or thrown back and dump a ton of paperwork on This is a very, very poor strategy to into jail or whatever. And if you got you, and you don’t have enough law- pursue. sick based on the smog that the smoke- yers working for your government Mr. JOHNSON of Georgia. If the gen- stack was pumping out, then you just agency to defend the public interest; so tleman would yield, what we do when died young, I guess. we’ll just drown you, and we’re just we create job growth and when we But then America went through some going to be able to do whatever we spread the wealth, it means that we’re changes; and we said, you know what, want to do. able to pay down that deficit, that debt workers are going to have the right to This is the kind of condition they that we have. We are able to clear that organize. That’s a good thing. Our air want to create. They want an environ- out. America is certainly not in a crisis is going to be clean. Companies are ment where the government is too as far as debt is concerned. We borrow going to have to abide by some of our small to tell them, you cannot pollute money at 2 percent. You can’t get it environmental regulations. the air. You cannot abuse people’s civil much cheaper than that. And while rights. You cannot hurt people’s inter- And there became an American con- that cheap money is available, we ests, the public interest this way. And sensus where we said, yeah, you know, should be borrowing that money and that’s the kind of condition they are we’re a mixed economy, which means investing it in our own economy, in our creating. that we have a strong public sector, infrastructure, in our research and de- but we have a strong private sector I yield to the gentleman. Mr. JOHNSON of Georgia. I could not velopment for medical care, health too. And the private sector, you be in- have said it better; and I will say, so care delivery, energy production, our novative, you come up with good prod- that I don’t repeat what you’ve said, education system from the buildings on ucts, services that people need, and by that when we do have a strong govern- down to the lowest piece of equipment all means we hope you do well, but ment, then government is there to pro- that’s in there, the teachers who teach after you do well we need you to toss tect the interest of all of the people, our children. We should be investing in something back—— those who are the so-called job cre- those areas. We’ll see this economy Mr. JOHNSON of Georgia. Give back. ators, who haven’t been creating a lot turn around rather quickly, and we’ll Mr. ELLISON. For the common good. of jobs here lately, by the way. I don’t see that debt disappear quicker than And what we have now is we have peo- know why they still have that title, be- most people believe that it will. ple who say, I don’t care about the cause all the jobs have been moving Mr. ELLISON. I just would like to common good. And here is the offshore, out of America and leaving say something very important here. thing—— It’s common for our colleagues on these workers here without jobs. Mr. JOHNSON of Georgia. Every man We’re doing ourselves a disservice by the other side of the aisle to say we’re for himself. cutting government and cutting our broke, we’re broke. They get up and Mr. ELLISON. Every man for him- ability to clean up the mess that has say we’re broke all the time. It’s like self. been created through decades, now, of one of their favorite things to say. The Mr. JOHNSON of Georgia. Only the deregulation. It has caused us to be a truth is we’re not broke. America is strong survive. society where we spend more money on not broke. This is designed to create a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE health care, but we’re the sickest peo- certain sense of crisis and urgency to The SPEAKER pro tempore. The ple in the industrialized world, among scare people into favoring a program of Chair must ask that the Members yield the industrialized nations. austerity which they propose. and reclaim their time in a more or- But I think it is important to note derly fashion so that the court report- b 1850 that two-thirds—two-thirds—of Amer- ers are able to make the appropriate We’ve got a financial system that ican corporations don’t pay any taxes transitions. nearly collapsed because of lack of reg- at all. Two-thirds pay none. And I just Mr. JOHNSON of Georgia. Fair ulation. And the same people who prof- want to point out to Americans, Bank enough. ited so mightily back during those win- of America doesn’t pay any taxes. They Mr. ELLISON. Thank you, sir. ner-take-all days want to keep the win- got a bailout from the government. And so we are now at a time, we have ner-take-all days, make the big bo- The American people got a call from now approached the time where there nuses, the obscene bonuses at year end Bank of America: Oh, my God, we are some people who become well-to-do that they’re getting ready to publicize bought Merrill Lynch; we bought Coun- whose attitude is that they want to now, and they would rather collect trywide. It’s not a good deal. We’re shrink government to the size you can those bonuses than create jobs for going down. Save us, please. Through drown it in a bathtub. This is what Mr. Americans to clean up the environ- the Congress, which is the people’s Norquist has said. That’s a quote from ment, to reregulate Wall Street. They House, they got their bailout. him. want to cut those jobs, so job creation, Now, the assumption was that Bank His vision of America, like the Koch it will actually result in the job cre- of America would then turn around and brothers, they do oil refineries and ators, or the 1 percent, being able to pay the money back and then help peo- stuff; and you drive by some of these experience even more profit. ple with their mortgages and help im- plants and they smell awful, and you People should understand that if you prove the economy. What they actually know that nothing good can be coming help someone else, it comes back to did is they didn’t pay any taxes and out of those smokestacks, but they you. These are just simple concepts of they laid off 30,000 people. Bank of want a condition in America. Their vi- living that we have gotten away from America didn’t pay a single penny of sion is that if a person from the gov- as a society. Federal taxes. I’ve got more money in ernment says, you know what, there’s Mr. ELLISON. What you’re describ- my pocket right here than they paid in a lot of people getting sick around ing is a win-win situation. But some taxes.

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.122 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8062 CONGRESSIONAL RECORD — HOUSE December 1, 2011 Boeing, despite receiving billions of should cut back on that. Schools, they there was some way that they could, dollars from the Federal Government should have to pay. Clean energy, we they would have. in taxpayer giveaways, Boeing didn’t can’t afford that. That’s what they say. They are insisting that the tax cuts pay a dime in U.S. Federal taxes. Health care, can’t afford that. Infra- to the working people of this country, Citigroup. Citigroup deferred income structure investment; I come from a the payroll tax, they want that to be tax for a third quarter in 2010, amount- city where I–35, the Interstate 35 bridge paid for. But nobody said anything last ing to a grand total of zero. At the over the Mississippi River fell into the year about paying for the extension of same time, Citigroup has continued to river and 13 Minnesotans died, 100 got the . pay its staff lavishly. John Havens, severe back injuries, all because of de- Mr. ELLISON. Right. head of Citigroup’s investment bank, is ferred, delayed maintenance. Infra- Mr. JOHNSON of Georgia. Nobody expected to be the bank’s highest paid structure investment is not just a job said anything and nobody is saying executive for the second year in a row creator; it is a public safety issue. And, anything because they want those tax with compensation of $9.5 million. of course, college affordability. They cuts to become permanent while they They paid no taxes at all. want to cut programs that make it at the same time would vote to impose ExxonMobil, they paid no taxes. In more affordable to go to college. a balanced budget amendment, which fact, I think we give them money. Big The brunt and the burden of bal- really would just simply lock in an un- Oil tax dodgers use offshore subsidi- ancing the budget is not and should not fair tax rate or a tax system that is un- aries in the Caribbean to avoid paying be on our public employees, our every- fair, would lock it in and make it much their fair share. Although ExxonMobil day heroes, the people who take care of more difficult to change it. So, Congressman, these are issues paid $15 billion in taxes in 2009, not a our kids, the people who look after our that I’m pleased to sit here and discuss penny of it went to the American younger people, the folks who look with you. I look forward to further dia- Treasury. It went elsewhere. This is after us, the police department. Who logue from both people on this side of the same year that the company over- are you going to call? Firefighters. the aisle, along with my friends on the took Walmart as a Fortune 500 com- I thank the gentleman for allowing other side of the aisle, because when pany. Meanwhile, the total compensa- me to elaborate on this point because I it’s all said and done, we’re all in the tion of ExxonMobil’s CEO is about $29 want to say that, on the one hand, they same boat together. million. say we’re broke. We’re not. What we Mr. ELLISON. I want to say that it’s We say we’re broke. What we’re doing are is we don’t ask the wealthiest been a real pleasure to spend this last is we’re not collecting enough revenue among us to help out. And what they hour with you, Congressman JOHNSON. because we think that corporations are offer as a solution is to cut the people We in the Progressive Caucus believe job creators. And, of course, they’re who give a good quality of life to the in one America—all colors, all cul- not creating any jobs, as you pointed average Americans—our public em- tures, all faiths. We believe in pro- out. But we’re operating on some ployees. moting human solidarity, not making faulty assumptions. I yield to the gentleman. Americans fear each other. We believe General Electric. In 2009, General 1900 in economic prosperity and justice for Electric, the world’s largest corpora- b Mr. JOHNSON of Georgia. Thank working and middle class people. We tion, filed more than 7,000 tax returns believe in environmental sustain- and still paid nothing to the govern- you. Many Americans watched in horror ability, and we absolutely believe in ment in taxes. GE managed to do this peace with our Nation and other na- with aid of a rigged Tax Code that es- as the drama unfolded on the I–35 bridge, the aftermath of crashing into tions. We are always going to promote sentially subsidizes companies for los- diplomacy and dialogue and develop- the waves of water below and taking ing money and allows them to set up ment over war. out a multitude of cars and taking tax havens overseas. With the Repub- We are the Progressive Caucus. I will licans’ aid in Congress whose cam- lives and causing people to be injured, allow the gentleman to offer a final paigns they finance, they exploit our and also resulting in an economic det- word. If I could just say, my name is riment to that area that needed that Tax Code to avoid paying their fair Congressman KEITH ELLISON, the co- share. bridge in order to continue to conduct chair of the Progressive Caucus. Look And who do Republicans blame? The business. We can look at it sterilely on us up on the Web. middle class. They say that the middle the TV from a distant location, but we The final word will go to Congress- class is the problem. They say tax should realize that the same thing that man JOHNSON. After that, we will yield breaks for billionaires, which is the happened to you guys in Minnesota can to the Republican side. GOP plan, tax breaks for huge corpora- happen to us in Georgia with our own Mr. JOHNSON of Georgia. I just want tions, which is the GOP plan, huge bo- bridges that are in disrepair due to de- everyone to know that even though I nuses for big CEOs; but who is it who ferred maintenance. stand up and talk about the Grover our friends in the Republican caucus This is something that can happen Norquist-Tea Party Republicans, I ad- think is responsible for all of the prob- not just in Georgia, not just in Min- mire the Tea Partiers because they got lems? Well, it’s public employees. nesota, but all across the land. And it up off of their duffs because they were I just want to point out something doesn’t have to be that way, because as upset about how things were going. very important before I yield to the President Obama has proposed in the They were misled in terms of thinking gentleman. American Jobs Act—or as a part of the that the health care reform was not The Republicans now have said they American Jobs Act—there is money—a going to be good for them. It’s good for will support a plan to extend the pay- small amount, but any amount is bet- them. And they will soon find out— roll taxes by cutting the Federal Gov- ter than none—for infrastructure. I they will continue to find out—that ernment workforce 10 percent. And by think it’s $50 billion. That infrastruc- the things that we have done are good giving—get this, Congressman—a ture, in addition to helping with our for them and their attention will be di- means testing for Medicare, food public safety issues—health, safety, verted from this President to their stamps, and unemployment insurance and well-being of the people—would pocketbook. And so I look forward. I benefits. That ought to get a lot of also create jobs. So we’re killing more admire them for their activism. I love money. But public employees are who than one bird with one stone by passing them. Don’t take it personally when I they think should bear the brunt of the the American Jobs Act. talk about you being a Dick Armey- refusal of the corporate elite from pay- Not one of my friends on the other Tea Party Republican of the Grover ing taxes. side of the aisle has been able to put Norquist ilk. They say that teachers should pay, forth any rationale for not considering With that, I will close. I believe that that cops should pay, firefighters any part of that Jobs Act. We did, I’ll my friends on the other side of the should pay, job training programs give them credit, pass something last aisle are ready to delude you with some should be cut. Small business invest- week having to do with veterans. They information. ment, no. Investment in the National just could not find it within their Mr. ELLISON. Mr. Speaker, I yield Institute of Health and Research, we hearts to avoid voting for that. But if back the balance of my time.

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.124 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8063 GOP DOCTORS CAUCUS: MEDICARE titlement spending, which we don’t you he’s capable of doing that, watch SENIORS AND OBAMACARE control, with an aging population and out, because I’ve never seen it done and The SPEAKER pro tempore. Under the fact that it’s dependent on govern- I don’t expect to see it done in the fu- the Speaker’s announced policy of Jan- ment spending, is growing at a much ture. Because, you see, in order to cut uary 5, 2011, the gentleman from Lou- faster rate than our revenues and infla- out the massive fraud, waste and isiana (Mr. FLEMING) is recognized for tion. abuse, you have to spend even more 60 minutes as the designee of the ma- b 1910 money to find all the bad actors. The best way to do away with fraud, waste jority leader. This is a chart that outlines where Mr. FLEMING. Thank you, Mr. and abuse is to make the system much we are today with Social Security, Speaker. smaller, perhaps even privatize it, and I come before this House tonight to Medicaid and Medicare, the part of en- make the system accountable rather talk about a very important issue—it’s titlement spending. Now, let me say, than a Big Government bureaucracy, been important for years, and it’s first of all, Social Security is down which wastes money, whether we’re going to be increasingly important and here in the purple, and you notice that talking about the Department of De- increasingly a part of the debate—and it slants upward and then it flattens fense or Medicare. So that should give that is health care, and particularly out. Social Security is not our prob- you kind of a beginning of where we health care for our seniors. We’ve got lem. Let me repeat that: Social Secu- are with Medicare. lots going on. ObamaCare, of course, rity is not our problem. Let me just close my opening re- was passed in 2010, and we’re running And people who are on it or will be marks by saying that there’s basically into all sorts of problems. Of course, I on it, in my opinion, have nothing to two options when it comes to making and my Republican colleagues here to- worry about. Now, we may have to Medicare again solvent and available night voted against it. tweak it, we may have to adjust it, but for us in the future. There is a Repub- I’m joined tonight, by the way, by you’ll notice that the cost really rises lican plan, which would allow you, if two of my colleagues, Dr. PHIL ROE, an relatively slowly, and that’s just a you are currently on Medicare or 10 obstetrician from the great State of matter of demographics. And we can years from becoming on Medicare, to Tennessee, and Dr. SCOTT DESJARLAIS, adjust this, as we have in the past, and keep Medicare as it is. And it is sus- who is, like me, a family physician. make this sustainable. There are other tainable, as far as the CBO tells us, in- I thought I would just give a brief in- ways to do it, in terms of allowing So- definitely. troduction about Medicare and how cial Security recipients to invest some However, we would have to reform that fits into the budget. I know that of their money and so forth, but that’s that for younger adults today who will Dr. ROE is going to talk in more detail beyond the scope of discussion tonight. be senior citizens by opening up the in- about that. The next group in green is Medicaid surance system, creating a market- No speaker would be complete with- and other health care. You’ll notice it’s place for seniors to buy insurance, and out a chart, and I have several tonight. going up faster. And Medicaid is health then let government help them with This is one I think that’s important for care for the poor. And then finally in what we call ‘‘premium support,’’ and everybody to understand. This pie red you see Medicare, and you see how allowing competition in private care to chart breaks up spending for the Fed- that explodes and it goes up continu- drive the cost down and raise the level eral budget. If you will notice, the vast ously. Medicare alone will completely of service. In fact, what we in Congress majority of this pie is in what we call displace all the budgetary spending have today is the very same thing. permanent mandatory or so-called en- eventually if we don’t bring that under The Democrats, their plan is this: titlement spending and interest. What control. And that would mean we’d goose egg, no plan whatsoever. Under makes up a large part of mandatory have to give up on government itself, their plan—or non-plan—Medicare runs spending is Social Security, Medicare, we’d have to give up on a national de- out of money in 8 years. And they’ve and Medicaid. The size of this pie, this fense—everything—unless we begin to failed to present an idea, much less a section of the pie, is growing. In fact, if control that. bill, as we have, that would even solve you recall, back in the nineties we ac- Now, at the rate things are going, that. Well, that gives you an idea of tually balanced the budget. The last Medicare will run out of money, be- some of our opening discussion. time we balanced it, I think was in the come insolvent by 2020. And that is First tonight, I want to introduce my late nineties. It was a lot easier to do straight from the CBO, the Congres- good friend, PHIL ROE. Dr. PHIL ROE, as back then because entitlement spend- sional Budget Office. Another way to I said, is an obstetrician. I think he has ing, permanent spending, was not in look at it is that our spending is now some comments about the financing of place to the extent that it is today. It equal to 15 percent of the total Federal Medicare and other things as well. was growing, but not as big. spending is Medicare, blowing out of Mr. ROE of Tennessee. I thank you, What is the difference between man- control. What has made this worse is Dr. FLEMING, and I appreciate you datory spending and discretionary ObamaCare actually cut $500 billion, hosting this hour tonight and a chance spending, which is the other two pieces that is, half a trillion dollars, out of for us to discuss in detail the health of this pie? Mandatory means that if Medicare to use for subsidies for mid- care of this Nation. you qualify for a certain type of service dle class health care plans. You know, about 4 or 5 years ago I or payment, whether you’re on Medi- So let me repeat: Medicare is running made a decision, after 31 years of prac- care, Medicaid, whether you earned it out of money; it’s exploding through tice, to think about running for Con- or not, if you qualify for it, the govern- the roof. And what does ObamaCare do, gress. And one of the reasons was I ment must pay. No matter who shows the Members who voted for it, it actu- knew that the health care issue was up or how many people show up, the ally cuts money out of it and depletes going to be huge in the debate in this government must pay. So, therefore, it of money in the future so that it be- Nation’s future. And, boy, has that the government cannot per se control comes insolvent. And here’s where the turned out to be prophetic. that cost. cuts are: $135 billion for Medicare Ad- Secondly, the thing that I noticed in Discretionary cost, on the other vantage, which is the private health my patients when I practiced, the sin- hand, is split into two: defense, which care version of Medicare, $112 billion, gle biggest factor for both Medicare pa- is around $600 billion to $700 billion a which was taken from hospitals, $39.7 tients and my other private patients year; and nondefense discretionary, billion from home health, $14.6 billion and patients without , which is what we run the government from nursing homes, and $6.8 billion was it was too expensive; it cost too on. That we can adjust, although we’ve from hospice care. These are very real much money to go see the doctor and not done a good job in controlling this. cuts. go to the hospital. If it were more af- In fact, that’s increased probably 25 And the only explanation that the fordable, more of us would have health percent just in the last 2 years under other side gave us, our Democrat care coverage. President Obama. friends, is that somehow we’ll cut out Thirdly, we had a group of patients But I want to illustrate for you what fraud, waste and abuse. Well, let me in my practice that couldn’t afford ex- the problem is, and that is that the en- warn you, any time a politician tells pensive health insurance premiums.

VerDate Mar 15 2010 04:06 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.125 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8064 CONGRESSIONAL RECORD — HOUSE December 1, 2011 They both worked. Let’s say it was a about how he was a tax cutter. Well, I get together and help clear up some of carpenter, perhaps his wife worked at a would suggest that the President read the misinformation because, as Dr. ROE local diner or at a local retailer that his own health care bill because there said, we should never let the govern- may not provide health insurance cov- are massive tax increases in that bill. ment or bureaucrats get between the erage, and they make $35,000 or $40,000 The Independent Payment Advisory doctor and the patient. That’s a very a year, but they could not afford $1,000 Board is a bureaucratically appointed important relationship, and I think a month for health insurance coverage. board, 15 people appointed by the Presi- most all patients would agree. And, lastly, we have a liability crisis in dent—and I don’t want a Republican How did we get into this mess? this country. President appointing them and I don’t It’s really kind of mind boggling that The other thing that we’re going to want a Democrat President appointing it has come this far. And as you stated get into a little later in this discussion them—approved by the Senate to do earlier, the Democrat plan is doing today—and this is the absolute sac- what? To look at this Medicare, as nothing; and we know that the con- rosanct in health care—is that health we’ve pointed out, with millions of sequences of that as, per the CBO, the care decisions—and I’m going to say Medicare recipients each day and—as actuary of CMS, Mr. Foster, has said this a couple of times—health care de- Dr. FLEMING pointed out—$500 billion Medicare will be bankrupt by 2020. So cisions should be made between a pa- to $550 billion less going into the sys- we cannot afford to do nothing. And we tient and the doctor and that patient’s tem. More people going in, people liv- got into this mess really just by kind family. It should not be made by an in- ing longer—much longer, which is a of the head-in-the-sand approach that surance company, and it should not be very good thing—we’re looking at a ca- sometimes occurs here in Washington. made by the Federal Government. And tastrophe for our Medicare program if As Dr. ROE mentioned, Medicare was we’re going to talk a little bit later we don’t make some proactive changes initiated in 1965, and at that time the about the Independent Payment Advi- now. life expectancy for a male was 68. Well, sory Board that will be making those thankfully, through good medicine, b 1920 decisions in the future. good follow-up, good care, better drugs, Do we need health care reform in And how can you talk about how can better techniques, the life expectancy America? Absolutely. Do we need this you fix a system that everybody in this has gone up at least by a dozen years. type of health care reform? Absolutely Chamber knows is broken—all 435 of us But that being said, there really wasn’t not. It’s a disaster. And we’ll go into know it—if you can’t even discuss it, if any planning for that increase. A pro- that a little later about what my major you’re accused of dumping Grandma off gram that was designed for, on aver- concern is for my patients that I left in a cliff if you even talk about a system age, 3 years of coverage is now 12 years Johnson City, Tennessee, which was that—I personally am on Medicare. more, and so that’s part of the prob- how are they going to access a Dr. Right now I’m a Medicare recipient, so lem. JOHN FLEMING, how are they going to I have a vested interest in seeing that A second big factor is we all knew access a Dr. SCOTT DESJARLAIS, who this program works for current seniors. about the baby boomers. Everyone are family practice primary care physi- I was at Furman University Monday knows about them. And the bottom cians. And the group I have at home night speaking to a group of college line is they have started hitting the that I’m in that I left to come here had students on health care. It was a privi- system at an alarming rate. Ten thou- over 80 primary care providers. How lege to be there. It’s a great college. A sand new members every day are enter- are they going to access those? big turnout of young people. And it was ing the Medicare system. Again, some- Well, let’s go look at where we were embarrassing for me to look at those thing that we’ve all seen coming, but it in the sixties when I was a young col- young people who are just beginning wasn’t accounted for in terms of cost; lege student, which was that we had a their and to think that we’re and Dr. ROE explained how it was un- group of people, my grandparents and going to not leave them the same ac- derestimated greatly what it would so forth, who would be retiring. And at cess to care that I have available to me cost in the first place. that point in time, because their insur- right now. We know that people pay into Medi- ance was tied to their employment—if If you look at these numbers, Dr. care because that is going to be their they had health insurance coverage— FLEMING, you see that it is not sustain- health care plan when they retire. there was no way for them to get any able, so we have to have this conversa- That’s what was promised to them. So coverage. They couldn’t buy it; there tion. I want to thank you for holding we can’t do nothing. was no way it could be provided for. So this 1-hour. In the Paul Ryan plan, we laid out the Federal Government then got in- I see we have numerous other col- that those 55 and older won’t have to volved in this by forming Medicaid and leagues here tonight. worry about it. We know that we can’t Medicare in 1965. Mr. FLEMING. I thank the gen- do nothing, so those 55 and under will Our Medicare program in 1965 was a tleman. have to make changes, as you dis- $3 billion program. There was no Con- We have also been joined, in addition cussed, and I’m sure we’ll discuss more. gressional Budget Office at that time, to Dr. SCOTT DESJARLAIS, by Dr. PHIL But for those seniors out there that but the estimates were that in 25 GINGREY, also an OB–GYN; Nurse ANN are concerned that the Republican plan years—so in 1990—this program was MARIE BUERKLE; and NAN HAYWORTH, is cutting them off or killing Medicare going to be a $15 billion program. The an ophthalmologist from New York. So as we know it simply isn’t true. We’re actual number was $110 billion. They we’ve got a full cadre. If anybody here trying to preserve, protect, and save it missed it by seven times. And in your has a headache or, certainly, a heart for future generations as well as take initial graph right here, if you had attack, I think they would be very well care of them. placed in that graph, Dr. FLEMING, in- taken care of on the floor of the House. Right now you can take an average terest on the national debt—the one With that, I’m going to ask Dr. couple who makes $80,000 a year and you showed with Medicare, Medicaid DESJARLAIS to talk to us a little bit. I they pay, over a lifetime, about $109,000 and Social Security—by 2020 or 2022, think you have an interest in some of in Medicare taxes into the program. even at current interest rates, it will this discussion on IPAB and perhaps But with health care costs the way absorb the entire Federal budget. And other things, so I’d love to hear what they are now, the average extraction that is why we’re having this discus- you have to say, sir, on that. for that same couple is $343,000. sion today, to save Medicare. Mr. DESJARLAIS. Thank you, Dr. Mr. FLEMING. If the gentleman will I want to mention just briefly, be- FLEMING. And I, like Dr. ROE, appre- yield on that point, I want to be sure cause we’ll kick this off later, in the ciate you holding this tonight because that that’s not missed, and that may current health care bill there have I think there’s so much fear, frustra- be the most important statement made been many changes to Medicare. There tion, and confusion among our Nation’s tonight. I believe you said that, are increased taxes on medical devices. seniors right now about what’s really through a lifetime, a Medicare recipi- The President said the other day—and going on. There’s a lot of misinforma- ent will pay in an average of 100,000 or we’re going to talk about it next week, tion out there. And I think it’s good so dollars but will take out, on aver- I think, and debate the payroll tax— that we, as health care providers, can age, $300,000.

VerDate Mar 15 2010 04:06 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.127 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8065 So what we really have with Medi- room where there was a gentleman on Medicare either because of a dis- care is somewhat of a subsidy system who’s a multimillionaire. But you ability or their age. which does not subsidize according, know what? My charge to both of them So it’s the Republican Party, Mr. necessarily, to need. My point in say- and what Medicare did for both of them Speaker. It is the Republican Party ing that is: Warren Buffett, today, be- was precisely the same. that is really working on behalf of our cause he’s over 65, qualifies for Medi- I just couldn’t quite understand that, seniors. care, and if he gets care, I assume especially when I thought about the What did the Democrats do when would get the same subsidized care, little mother in Room 3 who’s on pri- they were in control for that brief pe- subsidized by whom? Taxpayers—mid- vate insurance, two-paycheck family, riod of time and Ms. PELOSI was the dle-class, working-class people who pay baby, barely scraping by, paying far Speaker? They brought the country a the private insurance rates. more in their premiums than someone whole new entitlement program, In some ways, Medicare has become in Medicare and having to raise chil- ObamaCare. It had nothing to do with not just help for the poor and the elder- dren. It was her insurance premiums seniors. It had nothing to do with the ly, but just subsidy for people over 65. that were subsidizing both the little poor, who are covered by Medicaid and And so we’re going to have to look at: old lady who was poor and the multi- the Children’s Health Insurance Pro- Is there a way in the future that we millionaire. gram, the SCHIP program. In Georgia can even this out, where we’re not nec- We’re going to have to do something it’s called PeachCare. They did nothing essarily subsidizing for those who are about that to make the economics of to strengthen Medicare. capable of paying some of their own this system work. It is unsustainable, In fact, to pay for this new entitle- costs? as we know. ment program, health insurance for all, Mr. DESJARLAIS. Right. Dr. GINGREY, I would like to ask you young and healthy people, they gutted As you say, it’s clear that $1 in for $3 if you could give us a few words, sage the Medicare program. out doesn’t add up by anybody’s math, wisdom on what your perspective of Mr. Speaker, the gentleman from even Washington’s math. So those fac- where we are with health care, Louisiana has a poster before us right tors make it very clear that Medicare ObamaCare, Medicare, and all the now, the first slide, if you will, and we is on an unsustainable path. other cares that we’re talking about. need every one of us on both sides of I find it very frustrating that so Mr. GINGREY of Georgia. I thank the aisle to focus on that. And as he many people are living in fear right the gentleman from Louisiana, Dr. points to the first bullet point, cutting now with this misinformation. And if FLEMING, for yielding, Mr. Speaker, $575 billion from the Medicare pro- any of the other Members—I’m sure and I thank our leadership for giving gram. And most of it, in the next bul- they experienced, as my office did, the us this hour to focus in on Medicare let, is from the Medicare Advantage AARP here, a few weeks ago, had sen- and ObamaCare, formally, I guess, program. And of the 40 to 45 million iors calling Congressmen to say, you called Patient Protection and Afford- people that are on Medicare, most of know, Don’t cut our Medicare. They’re able Care Act. We all know it to be the them, because they’re 65, maybe 10 mil- referring to the SGR cuts, which actu- Unaffordable Care Act. lion of them because they’re disabled ally pertains to the doc fix. But the But I think it’s very important, Mr. and younger, but so many of them, Mr. seniors are confused thinking that Speaker, and instructive for the folks Speaker, get their health care on the their Medicare was actually going to be back home, especially our seniors, to Medicare program through something cut 30 percent or 29, 27 percent, what- look at this body and the other Cham- called Medicare Advantage. And that’s ever it is. And so when they were call- ber as well, Congress as a whole, and the key word. ing my office, I was glad to tell them, you look at the Members who are Why is it Advantage? Because it Yes, we get it. That actually is a cut to health care providers. In this House of gives them comprehensive care, it physician reimbursement. Representatives, there are 435 Mem- gives them an emphasis on wellness, But what it does to seniors, more bers, and 21 of them on the Republican prevention. It’s not just treating dis- concerning, is that it’s going to limit side are health care providers: nurses, ease. It gives them a drug benefit even their access to care, because physicians doctors, psychologists, dentists. before Medicare Part D was enacted by right now are in a position where they a Republican Congress back in 2003. 1930 can’t afford the overhead to even keep b And what do the Democrats do? They their practices open. On the Democratic side of the aisle, took—what was it, Dr. FLEMING?—$135 I think it was good that the AARP three. You look at the other body, at billion out of the Medicare Advantage brought that to their attention, but it the Senate, and you see four doctors on program over a 10-year period. That is certainly is great that we have the op- the Republican side. None on the a 14 percent cut. portunity tonight to clear that up for Democratic side. And President Obama says if you like our seniors, that it’s not a cut, a direct So as we get into this season, this po- what you have you can keep it. Well, cut to their Medicare benefits, but it is litical season, of course the Presi- you can keep it if it’s still available, going to directly impact their access to dential election cycle, Mr. Speaker, but it won’t be. care. you know, we all know, that we’re al- We’re here tonight to let the Amer- Mr. FLEMING. Absolutely. I thank ready seeing the ads. I think Dr. ican people know and let our col- you for the wisdom of your experience, DESJARLAIS referred to this add about leagues know, and if we have to hit Dr. DESJARLAIS. cutting Medicare 30 percent. Don’t let them over the head with a 2-by-4 to get I’d like to turn to Dr. GINGREY here. Congress cut Medicare 30 percent. And their attention, we’re going to do it. He’s joined us and, of course, has con- who cares more about seniors. Because they are ruining a great pro- ducted a number—I can’t even count And I think those statistics are pret- gram. And we’re health care providers. the number that I’ve participated in ty darn telling in regard to who cares It breaks our heart. We know. We see with Dr. GINGREY with respect to Spe- more about our seniors. Many of us, in the patient. We are at their bedside in cial Orders that we’ve had. fact, have practiced so long that we’re sickness and in health when they come And before doing that, just to follow seniors. Thank God we’ve got good to our office for routine checkups. up on what Dr. DESJARLAIS said about health and vigor and enthusiasm for But we’re here now I guess as policy the 100,000 in, 300,000 back, I can recall giving up what has been a wonderful wonks. It’s our colleagues back home— one day in my own practice sitting , whether we were nurses or we want to keep them in the Medicare there and thinking about the three pa- doctors or whatever, but caring for program, particularly primary care tients that I just saw. In Room 1, I saw people and the compassion that goes doctors seeing those patients. It just a little lady who’s on Medicare who with it, to come to Congress, come here breaks my heart to see what’s hap- could barely scrape by by the end of inside the Beltway and really work on pening. the month, and she’s on Medicare and behalf of our seniors, work on behalf of I thank the gentleman from Lou- getting the benefits of Medicare, and getting the health care policy right. isiana for managing the hour tonight God bless her, she was getting them. But particularly in regard to our senior on behalf of our leadership to make And then I thought about the second citizens and the millions that depend sure that these points are made and

VerDate Mar 15 2010 04:06 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.129 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8066 CONGRESSIONAL RECORD — HOUSE December 1, 2011 made very clear to the American peo- 2010 health care overhaul. In our budg- tioned it, I think—and may have heard ple, particularly our seniors. et, we restore those funds to Medicare. three letters, SGR, about the doc fix. Mr. FLEMING. I thank the gen- That is a very, very important fact. What is that? What does that mean? tleman. Dr. GINGREY serves on the We all voted here as doctors, as car- When patients go to visit their doc- House Energy and Commerce Com- ing legislators, as representatives of tors and when they receive Medicare, mittee, a committee that has oversight our districts to restore funding to as Dr. FLEMING was saying, our Medi- and jurisdiction in this area, very im- Medicare, to strengthen Medicare, not care patients have a certain fee sched- portant, looking at a lot of legislation. to weaken it. That’s the last thing we ule that we are obligated to follow. In Next, I want to turn to another of want to do and the last thing we can a lot of cases, depending on their insur- our freshmen. We’ve had a wonderful afford to do. ance and other factors, that fee sched- cadre of freshmen we appreciate so So I think it’s very important for the ule is far less than the fee schedule much and a wealth of physicians and American people to understand that as that is set up for our other patients. So dentists as well bringing in their years things stand now, the Medicare bene- Medicare pays doctors and other pro- of experience, training, and education. fits that people are counting on are viders, and it generally pays less than Next I would like to recognize Dr. threatened in ways that they don’t other programs do. We accept that HAYWORTH, NAN HAYWORTH from New have to be. when we participate in the Medicare York, and would be very interested to So that’s something that people program, but to provide Medicare in hear what you have to say this should think about, people who cherish the United States is very expensive. We evening. Medicare, who receive Medicare and have staff that we have to pay. We Ms. HAYWORTH. Thank you, Dr. who have loved ones who depend on have overhead. Everybody who has a FLEMING, and I add my thanks to our Medicare; that Medicare is, unfortu- business—and I had my own practice, a distinguished colleague from Georgia nately, as our colleagues have dis- small business—has rent and supplies in gratitude for your hosting and man- cussed, running out of funds. and staff and insurance to pay. aging this session tonight. When we think about payroll taxes, One of the unique aspects of America We just had a Medicare telephone and we hear a lot about payroll taxes in terms of our medical care is that we town hall today with our constituents in the news these days, payroll taxes do have what’s called a ‘‘liability sys- in the beautiful Hudson Valley. We had go to pay for Social Security and for tem,’’ which is very costly, to cover a Medicare administrator with us be- Medicare. And the way these programs lawsuits for malpractice. We should, cause it’s open enrollment season for were set up, as we all know but just so indeed, do everything we can to pre- Medicare throughout the country, I be- that everybody understands, they were vent malpractice, but lawsuits in this lieve, up through December 7. So we supposed to be, people would con- country are very expensive. were very grateful to have a Medicare tribute from their paychecks, and the Mr. FLEMING. If the gentlelady administrator with us who helped an- money would be kept by the Federal would yield, I think Dr. GINGREY has swer some of the questions about some Government and then returned to them something he would like to add. of the complexities of Medicare be- in their benefits in their senior years, Mr. GINGREY of Georgia. I thank cause there are a number of them, as when they would need them. the gentleman from Louisiana for al- you might imagine. lowing me to take up a little time— b 1940 But we did get one question that was maybe just a minute—to interrupt the conspicuous because the gentleman That could be a very helpful thing; gentlelady from New York. asked me, and it’s one that we’ve all but as Dr. DESJARLAIS has pointed out, Ms. HAYWORTH. Absolutely. been asked, as Dr. DESJARLAIS was say- thank the good Lord, people are living Mr. GINGREY of Georgia. She has ing not long ago, ‘‘NAN, why are you much, much longer than they were made such great points. against Medicare?’’ I explained to my when Medicare was first made law. The thing that I wanted to mention constituent that gosh, sir, it’s exactly So we are facing a challenge because, to my colleagues is that if we do noth- the opposite. I want to preserve and for several decades, contributions to ing—and I think Representative protect Medicare. I want to make it se- Medicare from the payroll taxes were HAYWORTH pointed this out—it is really cure and sound. This is very important built up. People weren’t taking out as not an option. She talked about those to all of us, to me as a doctor. I had the much in their Medicare benefits as dates—2024, maybe, but probably closer privilege of practicing for 16 years. I’m they were paying in. The baby boomers to 2021—when part A becomes fiscally an opthamologist. So many of my pa- were not part of the Medicare-eligible insolvent. If we do nothing, then what tients were seniors. I’m the daughter of senior group yet, and now they are. would happen is our seniors under the two elderly parents, both of whom rely Now our seniors are living many years Medicare program would take a 22 per- on their Medicare benefits. So the last longer, thank the good Lord—and I cent cut in their benefits package, or thing that I would want to do, the last wouldn’t trade a day with my parents else we would have to raise the payroll thing that any of us want to do is to nor with any of our seniors—and our tax 22 percent. harm Medicare. We know how impor- health care is wonderful in the United I’ll yield back after making this com- tant it is. States, but it is costly for a number of ment as I think this is important. More specifically, this nice gen- reasons. Medicare was enacted as an amend- tleman was asking about our vote on The Medicare funds that were built ment to the Social Security Act in the budget this past spring. And as all up have now started to be depleted, and 1965. I guess it’s title XVIII. We didn’t of us here know and as our listeners they’re going to run out, it’s projected, have all of the information we needed may not be fully aware, we did pass a anywhere from 2024 to now 2021. What back then. As Representative budget in the House of Representatives we all know is that the estimates are HAYWORTH points out, situations were this past April. They may not have probably off the mark. So, to take an different. Back then, people were not heard quite as much about it as they extra $575 billion out of Medicare is the reliant so much on medication. It was otherwise should have, if you will, be- last thing we want to do. more surgery and that sort of thing. cause the Senate did not pass a budget. It’s very important for everybody to Now we have Medicare part D. The They did give ours 47 more votes than understand that because, although point is that things change; and if we the one proposed by the President. there are workers in this country who hadn’t changed with the times, we Nonetheless, that was not enough to are contributing their payroll taxes would still be watching analog tele- pass a budget so we’ve been waiting now—and those are going to help fund vision. It’s just as clear and as simple now, the American public, for at least Medicare—when those folks become re- as that. 21⁄2 years for the Senate to pass a budg- tirees, Medicare is going to be very dif- For people to criticize what the Re- et. ferent in terms of the funds it has. publican budget called for in regard to But in our budget, and Dr. GINGREY That Medicare trust fund is going making changes to Medicare so that it and Dr. FLEMING have just been refer- broke. remains solvent for our children and ring to the $575 billion that was re- So folks have been thinking about— grandchildren—and, as Dr. HAYWORTH moved from Medicare by the massive Dr. DESJARLAIS in particular men- pointed out, to protect it, preserve it

VerDate Mar 15 2010 04:06 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.130 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8067 and strengthen it for those who are al- health care law affecting their Medi- use Medicare, most would be very wor- ready on it—it would not do anything care reimbursements; it’s affecting ried to learn that their primary health in regard to them but would be a their disproportionate share reimburse- care provider was projected to be bank- phased-in change for our children and ments, which keeps many hospitals rupt within the decade. grandchildren so they’ll have it like afloat that treat indigent patients and In fact, according to a recent Social we’ve had it. that treat Medicaid patients. It also af- Security Trustees report, Medicare I thank the gentlelady for letting me fects their GME and their IME, which seniors should expect to see a 22 per- interrupt briefly. we talked about in the last Special cent benefit cut or workers should ex- Mr. FLEMING. Since we are begin- Order we had in regards to how we’re pect to see a 22 percent hike in their ning to run a little short on time—and going to keep our teaching hospitals payroll taxes unless some action is I want to make sure we get to all of and keep all of our hospitals viable. taken. The bottom line is, if action our doctors and nurses—I’m going to So I just want to leave the message isn’t taken today, seniors in the pro- recognize Ms. BUERKLE, a very excel- tonight with the American people that gram today, not to mention those look- lent nurse and a wonderful addition to we care about preserving Medicare for ing to retire in the near future, begin our freshman class. our seniors. We are not proposing any- to lose their benefits. Ms. BUERKLE. I thank my colleague thing in our budget proposal that Despite these facts, the other side of from Louisiana. would affect our seniors and those back the aisle has spent the last 6 months Mr. Speaker, I just want to say what to age 55. We want to assure the Amer- attacking us, often saying that House an honor it is to be here tonight on the ican people that we care so deeply Republicans’ attempt to protect and floor with my colleagues and the mem- about health care and about the qual- preserve Medicare was, in fact, destroy- bers of the Doctors Caucus. ity of health care; but we are very con- ing it. I do stand here as a nurse and also as cerned about this health care law, and Are you kidding me? Accusing myself the daughter of a 90-year-old mother. it’s why we voted to repeal it several and my fellow physicians in the House So Medicare for her, I know how she months ago. One of the first things we of wanting to end Medicare? We spent depends on the system. did when we came to Washington was our careers caring for Medicare pa- One of the things we didn’t talk to repeal the health care law because tients and are proud now to call them about and one of my roles in life was as we know what it will do to our seniors constituents. an attorney, as an attorney who rep- and to our health care providers. The real truth of the matter is that resented a large teaching hospital. I thank my colleague for organizing President Obama was elected in 2008 About 2 weeks ago, I joined with some our time here tonight on the floor. with the promise of hope and change. of my colleagues on the House floor, Again, we just want to reassure the He did accomplish change in America’s and we talked about what this health American people that we care about health care system, but I don’t think care law is going to do to our hospitals. our seniors. We want to make sure it’s the kind of change that Americans When our hospitals and our doctors are they have access to quality care, to bargained for. affected by reimbursements, by Medi- good health care. Mr. Obama’s health care law cut $575 care cuts, that really affects our sen- billion from an already ailing Medicare iors. That reduces their access to care. b 1950 system. The name of Mr. Obama’s So the first thing I want to do to- Mr. FLEMING. I thank the gentle- health care bill is the Patient Protec- night as a health care professional and lady for a very compelling discussion, tion and Affordable Care Act. Mr. as someone who cares deeply—and I both as a health care provider and Speaker, I ask you: What type of pa- think that’s the beauty of this tonight, nurse, but also as a daughter of an el- tient protection cuts $14.6 billion from of our getting together as people who derly mother. Those words are very nursing homes, $112 billion from hos- have invested their lives in health care, heartfelt, and obviously it means as pitals, and $135 billion from Medicare who love people, who care about peo- much to you that we protect Medicare Advantage? ple. This isn’t a Republican or a Demo- and health care in general as it would While I’m on the record extensively cratic issue. This is an American issue anybody. There’s no reason why, just for balancing the budget, I do not be- because health care affects all of us. because you’re a Member of Congress, lieve that our health care system This is a group of people who really be- that you would love your mother any should be made affordable on the backs lieves that there is a better way, that less, so I think those are important of America’s seniors. there is a much better way to provide words. If the $500 billion in cuts made by access to health care in our country We’re going to move now from a ObamaCare were not bad enough, this without jeopardizing that access and nurse to a surgeon. Dr. BENISHEK from bill did nothing to address the nearly without jeopardizing the quality of Michigan has joined us this evening, 28 percent cuts to physician payments care that our country has to offer. and let’s hear from you, Doctor, and scheduled for January 1 of 2012. I be- So the first thing I want to do to- see what you have to tell us. lieve in providing access for America’s night is reassure our seniors that we Mr. BENISHEK. Thank you. Mr. seniors, not taking it away. are talking about protecting and allow- Speaker, it’s my pleasure to be here I am happy to announce here tonight ing the Medicare system to continue this evening to join my colleagues to that I’m working with members of the on. What they need to understand is talk about Medicare. Doctors Caucus, House leadership, and that the health care law has changed As you may know, before coming to Members across the aisle to develop Medicare forever. Medicare is different Congress, I served as a general surgeon legislation that will solve this issue now than it was before the health care in my district for the last 30 years, and once and for all. Mr. Speaker, tonight I law passed. The health care law cuts, many of my patients were on Medicare. call on all my colleagues to work to- Mr. Speaker, $500 billion from Medi- And as a practicing physician, I often gether to ensure America’s seniors that care. expressed to my patients—and my un- America will continue to be there for I just want to make clear on this derstanding wife—about our broken them in their time of need. graph what happens to Medicare reim- health care system here in America. In I have made a pledge to seniors in my bursements from 2012. You can see fact, that’s one of the reasons I decided district that I will not support any where we are. It’s a minus, a cut of 9.7 to get more involved in the political changes to Medicare benefits for those percent; but here in 2018, the cuts to process and actually run for Congress. 55 years of age or older. It is my belief Medicare and the reimbursements to Most Americans don’t understand that for those age 54 years of age or our hospitals are down 28.6 percent. that Medicare will be bankrupt within younger, some reforms will be nec- I’ve had all the hospitals in my district the decade if we don’t do something to essary to guarantee that Medicare re- come to me, and they were proponents fix it. I didn’t make this up. The actu- mains solvent in the long term for our of the health care law. They wanted re- ary for the Centers for Medicare and children and our grandchildren. Mr. form. They’ve come to me and they’ve Medicaid Services actually provided Speaker, we are here tonight to show said, This health care law is going to this number. You know, I think if you that, as physicians, we want to pre- bankrupt us because not only is the ask most 65-year-olds just beginning to serve Medicare for the future.

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.131 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8068 CONGRESSIONAL RECORD — HOUSE December 1, 2011 I thank Dr. FLEMING for organizing being involved actively in the choices empowering them to get back with this Special Order hour. and decision processes in their health their physician and their health care Mr. FLEMING. I thank the gen- care, and that’s what I want to see. system. That’s what we need to do. tleman from Michigan. I’m flabbergasted, to be honest with And that’s the most vibrant aspect Again, we’re getting a world of expe- you, that we see a program rectifying that I can challenge our seniors with. rience here tonight, all the way from Medicare, or attempting to, through We’re here for Medicare. We’re here to OB–GYNs, ophthalmologists, family ObamaCare, but then we leave the SGR change Medicare in the right way. physicians, nurses, so much in the way fix or the physician fix completely sep- We’re here to change it for you of words of wisdom, and we have so arate. It doesn’t make sense to the av- Mr. FLEMING. I thank the gen- much on our side of the aisle with Re- erage person why these aren’t all inte- tleman, Dr. GOSAR. I’m just going to publicans, as my friend points out, a grated and part of the same equation. make a couple of closing comments; dearth of available physicians, health I also want to remind the American and in the few moments we have left, care workers on the other side of the people, this is not an easy solution. We I’m going to allow some of our other aisle. It seems a shame that we were didn’t get here overnight, because we physicians to give closing comments. completely closed out of the creation didn’t do our due diligence like we had One of the important things we have of and passage of the health care re- talked about earlier. We didn’t change learned here tonight is under form act, which certainly suggests that with the times as we grew older. We ObamaCare, $575 billion was cut out of we need to go back and do it. changed our participation and age and Medicare. Medicare is going broke, be- We also are joined tonight by our col- the variables that we had. coming insolvent, according to the ac- league from Arizona, Dr. GOSAR, who is We also enveloped technology, unbe- tuary in 8 years. The Republicans a dentist and a very valued member, as lievable things that no one in 1965 passed a budget earlier this year that well, of the conference. I would love to could have even imagined, they could would have fixed that for good. And the hear from you this evening. have dreamed but couldn’t have actu- Democrats have yet to even talk about Mr. GOSAR. Dr. FLEMING, thank you ally imagined. And that’s what the it or even acknowledge that it exists. so very much for organizing this hour other part is is that we also have to But they do know it. So I want to be and being able to have a fireside chat look—I come from a very rural district, sure that we leave here tonight with an with the American public about health and what is happening back in my neck understanding of the seriousness of the care and what really is coming about of the woods is the primary care doc challenges that we have before us. and what actually is going on with a who was that gatekeeper, they’re no Now I would like to recognize Dr. broken health care system. I also want longer around. They either are associ- ROE for some parting comments. to take the time to educate, to under- ated with a hospital or a federally Mr. ROE of Tennessee. Dr. FLEMING, stand—have the American people un- qualified health center—if you can get thank you. I was just looking here, derstand what it is about a vibrant them to see you. And that’s the part over 200 years of experience. What a di- economy that actually helps our Medi- that also makes me tell the American verse group. We have nursing, den- care system. public we have got another problem. tistry, family practice, OB–GYN, sur- Now, I know the holidays are coming You were involved in this Joint Com- gery, and so on. I think one of the up and we’re going to be discussing giv- mittee that had Democrats and Repub- greatest frustrations I had when I came ing a continuation of a tax holiday for licans, 12 of them, trying to figure out to Congress, and Dr. GINGREY has been many Americans, about the thousand some type of a debt solution for $1.2 here longer than you and I have, and dollars for an individual on their FICA, trillion. one of the things that I noticed in the on their withholding tax, and to em- I want to remind the American peo- health care debate that we had, now ployers; but I also want to take the ple there’s another consequence in this, going on 3 years ago, was this: with time to explain to the American public not only to our military, but to our nine physicians, M.D.s in the U.S. Con- that there is a cost involved here. And health care providers as well, because gress, in the 111th Congress, not a sin- part of that cost when a withholding the sequestration, when it goes gle one of us was consulted about this tax is taken out goes into Social Secu- through, is also going to tap, once health care bill. This was done on a rity and partly to Medicare, and part of again, the providers who are no longer completely partisan basis. this is particularly Medicare part A, being able to afford to see patients, and I have to kind of chuckle. I have the hospitalization act, which is the our hospitals, particularly those rural never seen a Republican or a Democrat closest one to insolvency of all parts of hospitals that will be going out of busi- heart attack in my life. I have never Medicare. ness. So there won’t be an access to personally operated on a Republican or Now, we lost 5 years, particularly on care. We won’t have the ability to be a a Democrat cancer in my life. These Medicare part A, the hospitalization part of our own health care because are people problems, as Congress- act, just from the years of 2010. We there won’t be a health care provider woman BUERKLE said a moment ago. have yet to start looking at the disas- out there. These are people problems that affect trous parts of the economy to 2011 to be all of us in this country. added into the insolvency. But what b 2000 What we wanted to do, as I stated ends up happening is this takes a fur- This is the dynamics that we have to when we started, was to make the cost ther hit in the numbers and amount of look at. This is the equation that is so of care go down. This is not going to do money that is actually part of the immense. What I have always said is this. Look, this is very simple. When equation for our seniors in Medicare, so start a little bit at a time. Make sure we talked about the IPAB, and I think it’s going to get worse before it gets that the playing field is level and all of we’ll have to use a different time to better. And when you couple that with the participants are actually there, in- discuss the Independent Payment Advi- this administration taking—I call it creasing the competition, making sure sory Board because it is so detailed, stealing—over $500 billion away from the public health and the private but just very briefly, this is how this the current Medicare program to build health are all in balance, and then works. another entitlement, that’s just not making sure we have some tort reform. Several of us have pointed out that right. We have to have that. That was abso- $575 billion was taken out. Three mil- I came into Congress because I was lutely missing within this health care lion seniors a year going into Medicare, concerned about health care. As a den- system. That is what we are going to reaching Medicare age, and this group, tist, I love seeing a smiling face, be- have to get back to. And we’re going to this group of bureaucrats up here ap- cause a smiling face tells me some- have to have sunset clauses that we re- pointed, and I don’t want them ap- thing about vibrancy, about health, activate and reevaluate each of the pointed by a Republican or a Demo- and participating in the greatest process as our aging population gets crat. I think Congress ought to be ac- things that this life gives us. But it older and as our technology gets better countable, and we ought to be account- also tells me that it has to be a partici- and there are new advances in medi- able to the American people about pating sport and that what we have to cine. We have to empower people to be what happens to Medicare, not push it have is a patient taking care of and part of their health care solution and off to some bureaucrats that are going

VerDate Mar 15 2010 04:06 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.132 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8069 to make these decisions, and then we nounced policy of January 5, 2011, the an effort to reject ObamaCare in the say, oh, I’m sorry, we can’t do any- gentleman from Iowa (Mr. KING) is rec- State of Ohio. thing when care is denied because when ognized for 30 minutes. Now, Mr. Speaker, that is a resound- you have $575 billion less, and 3 million Mr. KING of Iowa. Mr. Speaker, it’s ing rejection, that two out of every more people added per year, that’s 30- an honor to be recognized to address three people that went to the polls re- something million people in 10 years, you here on the floor of the United jected ObamaCare. I will tell you that you know what that leads to, Mr. States House of Representatives. And I the American people are poised to do so FLEMING. want to say that I appreciate the pres- if they’re reminded that it exists out It leads to a of care. De- entation that came from just some of there. And there are two things that creased access. And if you have de- the great team of doctors that we have protect the American people, two stops creased access to your primary care here, especially on the Republican side along the way that can keep provider, it means decreased quality of of the United States Congress. I occa- ObamaCare from becoming the perpet- your care and the cost is going up. sionally sit with these learned individ- ually institutionalized permanent law That’s what’s going to happen with uals, and I learn a lot from them, and of the land, and that would be when the this plan. That’s why it’s imperative, I’m grateful that the American people Supreme Court hears the case and not just Medicare, but that we over- have been able to review their presen- yields a decision. I would remind you, turn the Affordable Care Act because tation here tonight, looking at the Mr. Speaker, that there is no sever- it’s not good medicine for patients. numbers and the dollars that have ability clause in all 2,600 pages of If we simply had been included in the come out of the health care because of ObamaCare. No severability clause. debate, this would not be a plan that this great burden of ObamaCare. What that means to the lay person is you had to run through and get rid of You know, I was thinking of the ne- this: If a component of ObamaCare is the 1099 form, the IPAB. It’s a bipar- cessity for us to continue to remind found unconstitutional by the Supreme tisan bill now with 214 bipartisan co- Americans, ObamaCare is right now Court, then all of ObamaCare is thrown sponsors. Those folks realize it’s a bad the law of the land. It is the law of the out by the Supreme Court. There’s no idea. I could go on and on and on. land. And until such time as this Con- provision that stipulates that if a com- One of the good parts of the Afford- gress repeals it or the Supreme Court ponent is unconstitutional, then the able Care Act, let’s point it out, it should find it to be completely uncon- other components will stand on their costs more money, but allowing a 26- stitutional, it will remain the law of own. year-old to stay on their parents’ the land. That is not just an ignorant omission health care plan, that’s a great idea Mr. Speaker, the American people on the part of the people that drafted unless your parents are not paying the need to be reminded that even though and promoted and voted for bill. Currently, if a young person, 22 or it’s creeping in on us, and people are ObamaCare. They knew it didn’t have a 23 years old, gets health care, they’ll realizing what ObamaCare is doing, a severability clause in it. I knew it pay one-sixth what I do. Now what hap- few people at a time, it is an insidious didn’t have a severability clause in it. pens with this, it has to be a three-to- creep of a malignant tumor that is me- That means every Member of Congress one ratio, so their health insurance tastasizing and consuming American had the opportunity to know that it plan costs double. didn’t have a severability clause. So We could go on and on about the in- liberty, and it has to go. Congress willfully and intentionally consistencies. I think the previous If we look back at the special elec- passed an ObamaCare piece of legisla- Speaker, the current minority leader, tions in Ohio 2 or 3 weeks ago, on it tion that didn’t provide that if a part had it right when she said let’s pass it were several ballot initiatives. The sec- of it is found to be unconstitutional, and then find out what’s in it. Well, I ond ballot initiative was one that re- the balance of it would be found to be read it, as most of us physicians did, jected the collective bargaining initia- constitutional. And the important and we found out all of the things that tive that had been initiated by Gov- component of that then, Mr. Speaker is were in there that were not good for ernor Kasich. It was a tough loss for this. If a part is found unconstitu- our patients. We’re just now discov- Governor Kasich. I think he was right, ering it’s going to be more costly for but he lost in the ballot place because tional, it’s all unconstitutional, and all businesses out there, and we need to there was a liberal-heavy, union-heavy 2,600 pages of ObamaCare then, by a have an entire hour on that. turnout in the State of Ohio for that Supreme Court decision, will be ren- Mr. FLEMING. I thank the gen- special election night 2 or 3 weeks ago. dered null and void. tleman. Before I recognize another And by 61 percent, the Kasich-initiated Yes, Mr. Speaker, there are excep- Member in the last minute or two that ballot initiative that limited collective tions to those types of decisions by the we have, I would just like to say that bargaining was shot down by a union- Supreme Court. But generally speak- we are going to be having a lot more of heavy, liberal-heavy turnout. And they ing, the court honors and respects a these sessions. So we’ve just started. spent a lot of money in Ohio to turn willful decision of the legislative We’ve just scratched the surface. We’re out that type of a base. branch. If that willful decision is that running out of time, so just to wrap But in the same ballot, the next item there be no severability clause, the Su- things up, we have just barely down, ballot initiative No. 2 was collec- preme Court should understand that scratched the surface. And these are tive bargaining. No. 3 was a constitu- that wasn’t an accident. It was an un- not all the physicians or health care tional amendment to amend the Con- intentional omission. It was a willful workers we have on our side. There are stitution of the State of Ohio to pro- omission because the drafters and the others here who could have been here, tect Ohioans from ObamaCare, to be proponents of ObamaCare, of which I but had some other commitment to- able to reject the individual mandate am not one, understood that if a part night, but will be here next time. and a whole series, about three dif- of it is found to be unconstitutional, I would love to talk more on IPAB. ferent points there, to amend the con- the rest of it collapses anyway of its Even many Democrats see that was a stitution to protect Ohioans from the own weight. very big mistake. It will be one way ObamaCare mandate. The components of this that prop up ObamaCare are cutting that $575 bil- that you can get the door closed on b 2010 your health care and getting the right lion out of Medicare to fund other sort of care in the future. And, with a union-heavy, liberal- parts of ObamaCare and then ending I thank everyone for being here to- heavy turnout in Ohio in which 61 per- Medicare Advantage. The individual night, and I look forward to doing it cent said ‘‘no’’ to Governor Kasich on mandate that’s in there, all of this is again very soon. God bless you all. collective bargaining, sixty-six percent delicately drafted to try to find a way I yield back the balance of my time. of that voting universe voted to pro- to argue that it could be paid for. And f tect Ohioans from ObamaCare and to of course, they discovered that the reject ObamaCare by amending their CLASS Act in ObamaCare couldn’t sus- REPEAL OBAMACARE State constitution. That’s a serious tain itself. The numbers that they had The SPEAKER pro tempore (Mr. step, to step forward and amend the advanced to try to pass it aren’t sus- GOWDY). Under the Speaker’s an- State constitution. But they did so in tainable. And so the administration

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.133 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8070 CONGRESSIONAL RECORD — HOUSE December 1, 2011 has decided they’re not going to move Force One, dropping in some of these I’d give an example of this. In fact, forward with the CLASS Act, this piece places and advancing policy in 2016. So the discussion came up today in the that is, let’s say, retirement home in- prepare yourselves, gentlemen. Scrub Judiciary Committee with Congress- surance funded out of ObamaCare. it out of your history now. Recant the man SENSENBRENNER of Wisconsin’s bill They thought that was going to save things you said about George W. Bush. that goes back to protect the property money; they found out that it was That way you can defend the President rights within the States and prohibits going to cost money. So they’ll drop today, and then you won’t be such hyp- Federal funds going into certain pro- that. ocrites in 2013, as I predict you will be. grams of States that violate the intent This Congress has passed a couple of Sure, I would be happy to yield if you and the literal language of the Fifth repeals of pieces of ObamaCare. One of had an opinion on that, but I know Amendment of the United States Con- them is, out of this House at least, is that you know I’m right and accept stitution. the 1099 squeal form piece of that. The famous Kelo decision, Mr. ObamaCare. So it’s been taken apart to So, the job of this Congress, the job Speaker, I recall that unfolding here in some degree. And the underpinnings of of the American people, is this: To about 2004 or 2005, when I believe it was ObamaCare are starting to cause it to maintain people here in the House of the city council of New London, Con- crumble. If the Supreme Court finds Representatives who are pledged to, necticut, had decided that they would any part of it unconstitutional, Mr. committed to, and will pass a repeal of condemn property that was owned pri- Speaker, they will be well aware that ObamaCare again and send it over to vately through eminent domain and no severability clause does not indicate the , where I’m then hand that property over to an- asking, Mr. Speaker, for the American an omission by accident on the part of other private interest to be developed people to put Senators over there that Congress; that somehow the Supreme for a shopping mall or a strip mall be- will also vote to repeal ObamaCare, Court would re-create on a decision by cause they believed that they would pledge to do so, and pledge to drive it the Supreme Court. They need to know get a better tax base and get a better it was a willful decision, it was pre- and push it and use every fiber of their being to rip that malignant tumor, return than they were from the indi- meditated, it was thought out, and the vidual that owned the land. decision was no severability clause be- ObamaCare, out of the Federal Reg- ister, out of the code, and give people b 2020 cause ObamaCare, if any part of it is back their American liberty. It’s not taken out by it being found unconstitu- Now, it directly and clearly violated, enough to trust the Supreme Court to tional—and I believe there are about in my opinion—and I’ll put my opinion make a constitutional decision and sit four areas where it is unconstitu- up against any Supreme Court Justice back on our hands and think that tional—then all parts of ObamaCare that disagrees with me on this issue in somehow the court is going to save us. particular—the clear language in the must go. I remember what happened when I appreciate the doctors that came to Fifth Amendment of the Constitution McCain-Feingold passed and then went the floor tonight to educate the Amer- that protects our property rights and is to the President’s desk. That was ican people on the bad components of an essential pillar of American President Bush. And the word that ObamaCare. I would like to encourage, exceptionalism, the right to property. came back—and this is rumor and con- It says: ‘‘Nor shall private property Mr. Speaker, the American people to jecture, Mr. Speaker—was that the be taken for public use without just know that we are focused on repealing President had decided that he would compensation.’’ ‘‘Nor shall private 100 percent of ObamaCare; ripping it all sign the bill because it had such mo- property be taken for public use with- out by the roots and leaving not one mentum when it got there and political out just compensation.’’ And the effect vestige of it left behind, not one par- support when it got there because he of the Kelo decision by the Supreme ticle, not one sign of its DNA. Because expected the Supreme Court would find Court, which I believe was unjustly if we leave any component of McCain-Feingold to be unconstitu- found, is to strike three words out of ObamaCare, it will grow back on us tional. like the roots of a bad weed and/or the Well, over time, and thanks to Citi- the Fifth Amendment in the Constitu- virus, or the malignant tumor, as I zens United and their lawsuit, parts tion of the United States, the words: said. I would ask the doctors this. You were found to be constitutional—not ‘‘for public use.’’ So, now the effect, take out a malignant tumor. If you all of it—and the limits that were put after this wrongly held Kelo decision, leave part it, it will grow back. I don’t on free speech within that were freed is for the Fifth Amendment to read want to leave one part of this malig- up to the degree that they were liti- this way: ‘‘Nor shall private property nant tumor of ObamaCare. I want gated by Citizens United. I congratu- be taken without just compensation.’’ American liberty to thrive. So late the people that had the vision to The ‘‘for public use’’ taken out of the ObamaCare must go. take it to the Supreme Court and win Fifth Amendment. Ohioans have rejected it by roughly a the case there. But no executive officer This Constitution has to mean what 2–1 margin—66 percent. And Ohio is and no Member of this legislature, the it was understood to mean at the time middle America. If you’re going to win House or the Senate—and, Mr. Speak- of ratification. It has to mean what the the Presidency, you must win Ohio. er, I would send a message also to all clear words mean in this Constitution. President Obama knows that. That’s legislators in the land, everyone in the It can’t be anything else. We can’t take why he visits Ohio as often as he does statehouse in all 50 States, be you in an oath to anything else, and we can’t with Air Force One. Or, did we call the State house or the State senate, or be bound by a later interpretation to that Fundraiser One. He visits these in Nebraska in the unicameral, never the Constitution that someone else swing States—about 11 swing States— vote for a bill because you believe that makes unless there is a clarity that’s with the President of the United States the court will find it to be unconstitu- added to the understanding of the plain flying in and out with Air Force One. tional and protect the citizens from a meaning and the plain words and the Yes, just propping up public policy—no, bad policy or an unconstitutional pol- original text of the Constitution and not campaigning, according to his icy. the amendments as they were ratified. press secretary. We all know better. Mr. Speaker, we take an oath to up- What did they mean when they were The criticism that came from the hold the Constitution of the United ratified? Mr. Speaker, we had a su- Democrats because George Bush States. That oath that we take is to preme court in the State of Iowa that dropped into some States that were preserve, protect, and defend the Con- concluded that they could find rights swing States on Air Force One now be- stitution of the United States to the in the State constitution that were ‘‘up comes the responsibility of Repub- words and the language that are in the to this point unimagined.’’ Seriously, licans to remind the Democrats that Constitution, not as it would be rein- judges wrapped in black robes—no the next time this happens, you will be terpreted by someone else—a court-to- longer any wigs—sitting there saying hypocrites. You actually should retract be, let’s say, appointed later by an ex- that they had found rights in the con- your statements now to prepare your- ecutive-to-be elected later to amend by stitution that were up to this point self for the incumbent President that court decision the clear meaning of unimagined, and that somehow this will be campaigning around on Air this Constitution. contractual guarantee that gets passed

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.135 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8071 down through the generations and the soundingly by sending now 89 freshman local policies. And the Region Legal ages, this contract with American citi- Republicans to the House of Represent- Service Office, the RLSO, should be zenship—with Iowan citizenship in that atives. And every one of them pledged consulted to ensure compliance with case—can be breached because they to repeal ObamaCare. And all but two existing laws and regulations, absent have found rights that were up to this of them—because they haven’t had a some existing statute, however. This is point unimagined? Heretofore chance to do so yet, they’re the special a change to previous training that unimagined rights. election two—every single Republican stated same-sex marriages are not au- What kind of guarantee can there be, in the House and every single Repub- thorized on Federal property. This a court that can discover new rights lican in the Senate voted to repeal memo says they are now authorized on out of their imagination and declare ObamaCare. And it was bipartisan. Federal property in direct contradic- that no one else had the imagination to Some of the Democrats in the House tion with the Defense of Marriage Act, discover those rights, but they had the voted to repeal ObamaCare. DOMA, that was passed by this Con- vision to discover rights that were in The message has been sent. It’s been gress, signed into law, clearly is the this Constitution but not discovered sent in the State of Ohio; it’s been sent law of the land. before? That says there’s no guarantee by the polling. It goes on and on and I mean, we have, apparently, a direc- whatsoever. That says this Constitu- on: repeal ObamaCare. Now, every tive from the Commander in Chief of tion becomes just only one of two Presidential candidate on the Repub- the United States military, Barack things: it becomes an artifact of his- lican side is running on repealing Obama. He surely has to be the one tory with no meaning whatsoever, or ObamaCare. Every one of them will that has ordered the Navy, you shall it’s a shield that the Justices can use sign the repeal if they’re elected Presi- send out a memo here to direct the to protect themselves from the criti- dent and sworn into office. chaplains to conduct same-sex mar- cism of the unwashed masses, those Now, I’d like to see us put the repeal riages on the bases unless there is some laypersons that think that they can’t of ObamaCare, if we can’t get it passed other law that gets in the way. I think before such time as we elect a new read this clear language and under- that this kind of activity is an affront President, whom I believe will be inau- stand it. to the legislative authority that exists Mr. Speaker, I’ll say the people I rep- gurated January 20, 2013, if we can’t get by the Constitution within the legisla- resent can read the Constitution. They ObamaCare completely repealed before ture. This is not an executive decision. do understand it. They understand then, and whether or not the Supreme This is a decision of the legislature. Court finds it unconstitutional, honors what it means. And they can make the b 2030 argument with the Supreme Court Jus- that there is no severability clause, and throws all of ObamaCare out, it’s We passed the Defense of Marriage tices if they were not intimidated. If still exists within the code and it still Act. I testified to defend the Defense of they would just read the language, go needs to be repealed. Marriage Act over in the United States to the Fifth Amendment, read the lan- And the next Congress, being an hon- Senate a month or so ago. And if the guage, ‘‘Nor shall private property be orable Congress, needs to send a repeal Senate were able to pass a repeal of the taken for public use without just com- to the next President to be signed. And Defense of Marriage Act, it still has to pensation.’’ even if the Supreme Court throws it come to the House, where I’m confident What does ‘‘for public use’’ mean if a out, and even if the current President it would not pass. And I don’t think local government can confiscate pri- is reelected, there needs to be a repeal it’ll pass the Senate either. vate property and hand it over to an- that goes to second-term President But in any case, we have a defiance other private entity for the purposes of Obama’s desk—I perish the thought if of Federal policy set by the Congress, private use? That means they have vio- it unfolds in that fashion. But this signed by the President of the United lated the Constitution. And the bill be- Congress needs to act and repeal States, from the Office of the Chief of fore the Judiciary Committee today, ObamaCare thoroughly. the Navy Chaplains, dated 13 April 2011, thanks to Chairman SMITH and former And I pray that we’re able to put the that says, don’t be biased by sexual ori- Chairman JIM SENSENBRENNER, fixes repeal of ObamaCare on the podium, on entation when you’re conducting wed- that to some degree; but it doesn’t re- the west portico of the Capitol, Janu- dings. Go ahead and marry same-sex pair this Constitution that is so sacred ary 20, 2013, having passed the House people on these military bases any- to all of us that we take an oath to it. and the Senate, not messaged to the where where it doesn’t otherwise vio- And so I’ll continue my oath and White House, messaged to the podium late a law. pledge to this Constitution, Mr. Speak- on the west portico of the Capitol, mo- That tells me that that goes world- er, and continue to make this point ments—maybe the instant after the wide, bases everywhere. I suppose it’s that we have to have constitutional next President takes the oath of office. probably not happening on a base in legislation come before this Congress; And at the words ‘‘so help me God,’’ I’d Kuwait. They might frown on such a that when someone brings a bill called like to see the next President sign the thing, but I don’t know, and it’s hard ObamaCare to this floor—2,600 pages— repeal before he or she shakes the hand to get the facts on this. that violates so many of the compo- of Chief Justice Roberts, who will be But it’s hard for me also to imagine nents of the constitutional guarantee, delivering the oath of office to the next a Marine—a Navy chaplain marrying a let alone sapping the vitality from this President of the United States. We couple of marines, let’s say a same sex very vigorous American culture that have constitutional responsibilities couple of marines, whichever sex it we are, the American people rise up. that we have to live up to. We give an might be. And this is going on in the They rose up in tens of thousands, oath. ObamaCare violates that Con- United States of America and on bases came to this Capitol and surrounded stitution. around the country, Mr. Speaker, and the place, jammed the place so heavily And we have some other things going it needs to come to an immediate halt. that people had trouble getting in and on here in this government that violate This Congress has acted on this. This getting out. It was a glorious thing to the spirit of the statutes that the House has sent the message, and of see, Mr. Speaker, that the American American people have pushed through course you have the Senate on the people love their liberty enough that here. And one of them is this. It’s the other side, run by HARRY REID, one- they would come from all 50 States to advocacy, Mr. Speaker, of this: I’ve got third of the former ruling troika that jam this Capitol to say to us, do not do a memo in my hand. It’s dated 13 April, now becomes a shield for the President this. Do not commit this affront to the 2011 from the Chief of the Chaplains of of the United States and the person Constitution. Do not usurp American the Navy to Chaplains and Religious who carries the water for the Presi- liberty. These are God-given rights. Program Specialists. It says this: Go dent, protects him when he doesn’t And who takes them away? This Con- ahead, you Navy chaplains. You go want to have the confrontation him- gress that was led by then-Speaker ahead and conduct same-sex marriage self. They’ve gone the other way. Now PELOSI and HARRY REID in the Senate services on our military bases any- they’ve stricken the language out of and Barack Obama. The ruling troika where where it’s not otherwise illegal. the code. If the Senate language passes imposed ObamaCare on us, and the That’s the summary of it. It says the House, they’ve stricken the lan- American people have rejected it re- that facility usage is determined by guage that prohibits bestiality in the

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.136 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8072 CONGRESSIONAL RECORD — HOUSE December 1, 2011 military in their overzealous effort to 18 must be accompanied by an adult. b. Regarding chaplain participation, con- try to advance same-sex marriage Okay. Fine. I’m good enough with that. sistent with the tenets of his or her religious among our military and use it as a so- Can’t take pictures unless the patient organization, a chaplain may officiate a same-sex, civil marriage: if it is conducted in cial experiment. agrees. Fine with that. accordance with the laws of a state which The military’s job is to protect our Due to dietary restrictions and infec- permits same-sex marriages or union; and if freedom and our liberty. They take an tious disease protocols, the distribu- the chaplain is, according to applicable state oath to the Constitution. They put tion of home-produced baked to and local laws, otherwise fully certified to their lives on the line, and we give the patients, families, and staff mem- officiate that state’s marriages. While this is them something that defies the Federal bers is prohibited. You can’t bring not a change, it is a clearer, more concise law, the Defense of Marriage Act. cookies to the patient. Ooh, that’s and up to date articulation. Again, consult Now, this is bad enough, Mr. Speak- the Region Legal Service Office (RLSO) to tough. ensure compliance with existing laws and er, and I’m going to ask to introduce But I wouldn’t be standing here if regulations. this into the RECORD. I know that I that was the worst thing, Mr. Speaker. 3. The revised Chaplain Corps Tier 1 train- have the, I guess I’ll say the privilege That’s Item E. I went A, B, C, D, E. ing is posted on the Navy and Marine Corps to do that. I will go on to another sub- Here’s Item F, and I’ll read it into DADT websites. Those websites are found at: Navy—http://www.dadtrepeal.navy.mil; Ma- ject matter here that’s—I don’t know if the RECORD. ‘‘No religious items, (i.e., it’s more egregious, but it’s plenty bad. rine Corps—https://www.manpower.usmc.mil/ Bibles, reading material and/or arti- portal/page/portal/M—RA—HOME/DADT. All This is a memo dated September 14, facts) are allowed to be given away or prior versions of the curriculum should be 2011, Department of the Navy, Walter used during a visit.’’ replaced by the current 11 April 2011 version. Reed National Military Medical Center Mr. Speaker, these military men and 4. If you have any questions or require ad- up on Wisconsin Avenue, Bethesda, women who are recovering at Walter ditional information please contact Chaplain Maryland. I visited up there and visited Reed and Bethesda have given their all Doyle Dunn at (703) 614–4437/ wounded a number of times. And this for America. They’ve given their all for doyle@[email protected] or Chaplain Michael memo is from the Commander of Wal- Gore at (703) 614–5556/michael.w.gore America, and they’ve defended and @navy.mil. ter Reed National Military Medical taken an oath to the Constitution, and M.L. TIDD, Center. Subject: Wounded, Ill and In- here they are. The people that come to Rear Admiral, CHC, U.S. Navy. jured Partners in Care Guidelines. Pol- visit them can’t bring a religious arti- icy Memo Number 10–015. And there’s a fact? They can’t bring a Bible? They DEPARTMENT OF THE NAVY, WALTER bunch of other stamped numbers that can’t use them in the services? A priest REED NATIONAL MILITARY MED- do reference off of the Web site. And it can’t walk in with the Eucharist and ICAL CENTER, gives some directive about the purpose, Bethesda, MD, September 14, 2011. offer communion to a patient who From: Commander, Walter Reed National applicability, official of wounded, ill might be on their deathbed because it’s Military Medical Center and injured partners visits, how they prohibited in this memo from the De- Subj: Wounded, Ill, and Injured Partners in should be conducted, et cetera. partment of the Navy, the Commander Care Guidelines And policy, according to Patient and of Walter Reed and signed, Mr. Speak- Ref: (a) NAVMED Policy Memo 10–015 Family Centered Care, Mr. Speaker, er, in conclusion, by C.W. Callahan, 1. Purpose. To provide guidelines with re- children in good health under the age Chief of Staff. spect to the presence and participation of of 18 are encouraged to participate. It I would also like to introduce this families and other partners in care. This doc- ument replaces the hospital’s previous visi- goes on. Here’s how the families should document into the RECORD. tation policies for the Seriously Injured (SI), conduct themselves in visiting the OFFICE OF THE CHIEF wounded. Here’s the intensive care Very Seriously Injured (VSI), and Wounded, OF NAVY CHAPLAINS, Ill, and Injured (WII) patients. The Walter units, how we would do that. Washington, DC, Reed National Military Medical Center Here are exceptions, visits before or From: Chief of Chaplains (OPNAV N097) (WRNMMC), Bethesda promotes and supports after the established hours, how that To: Chaplains and Religious Program Spe- a patient and family centered approach to might work. And then visitation for cialists care. For the purpose of this instruction, WII certain kind of patients, et cetera. Subj: Revision of Chaplain Corps Tier 1 patients are those active duty individuals Those visiting the WII in an official ca- Training who are wounded, become ill, or who are in- pacity will make their request 5 days 1. Chaplain Corps Tier 1 DADT repeal jured while serving within a combat theater. training has been revised. The current 2. Applicability. To provide guidance for in advance, getting to the goal line. partners in care as defined by the family of A number of these provisions, as I version, dated 11 April 2011, has been posted on the Navy and Marine Corps DADT repeal SI, VSI, and WII patients at WRNMMC. read through here, the family, the lead- websites. This revised version supersedes all 3. Official WII Visits. Other partners in ership, members of the executive—this previous versions and should be reviewed in care who wish to visit the WII population memo directs towards the executive, its entirety. will arrange their visit through the Warrior the legislative, and the judiciary 2. During the initial stages of curriculum Family Coordination Cell (WFCC) Office of branches of government? Members of development, several policy questions were Distinguished Visitation utilizing the ‘‘Gold raised related to same-sex marriages. Those Line’’ (855) 875–GOLD (4653) and will arrange the executive, legislative, to include their visit to fall between the hours of 1000– professional staff members, judiciary, questions were forwarded for legal counsel and approval was secured to commence Tier 1500 daily unless other arrangements have active duty, general, flag and senior ex- 1 training while awaiting further guidance. been arranged through the WFCC. It is re- ecutive service personnel. It’s telling Additional legal review concluded that the quested, to foster the ‘‘Patient and Family all of us, Members of Congress, the curriculum did require modification of con- Centered Care’’ milieu within the inpatient President and all of his people, the ju- tent related to same-sex marriage issues as environments, visitors refrain from sched- diciary, the judges, the judiciary found in Vignette 1 and FAQ 5. uling visits during inpatient quiet hours of a. Regarding the use of base facilities for 1300–1400 daily. branch and all of their staff—well, at 4. Policy. In keeping with the ‘‘Patient and same-sex marriages, legal counsel has con- least the legislative staff—what we can Family Centered Care’’ philosophy of cluded that generally speaking, base facility and can’t do when we visit the wounded WRNMMC, families are considered partners use is sexual orientation neutral. If the base at Walter Reed, including active duty within the health care team and are encour- is located in a state where same-sex mar- aged to care for their loved ones while main- general, flag and senior executive serv- riage is legal, then base facilities may nor- ices, celebrities, sports personnel, et taining good personal health without con- mally be used to celebrate the marriage. straint of set visiting hours. cetera, members of the press. All these This is true for purely religious services a. Children. Children in good health under people that are listed, here’s what you (e.g., a chaplain blessing a union) or a tradi- the age of 18 are encouraged to participate in can and can’t do. tional wedding (e.g., a chaplain both blessing the recovery process with their wounded Now, I’ll get to my point here on the and conducting the ceremony). Facility family member under the direct supervision last page, Mr. Speaker, partners in care usage is determined by local policies and the of an adult family member. guidelines. That’s all of us bound by Region Legal Service Office (RLSO) should b. Family. WRNMMC uses a broad defini- be consulted to ensure compliance with ex- this memo, supposedly. All family vis- tion of ‘‘family’’ as defined by each patient. isting laws and regulations. This is a change This concept is supported by the American its must be scheduled 5 days in ad- to previous training that stated same-sex Academy of Family Physicians. vance, as I said. Group size can’t be marriages are not authorized on federal c. Intensive Care Units. Primary next of over five. All partners under the age of property. kin (PNOK) may visit at any time. Other

VerDate Mar 15 2010 04:06 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K01DE7.137 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE December 1, 2011 CONGRESSIONAL RECORD — HOUSE H8073 partners in care may visit if accompanied by by the patient or PNOK if the patient is in- Schools Program (CSP) Grants for Replica- the PNOK. capacitated. At no time will personal identi- tion and Expansion of High-Quality Charter d. Exceptions. Visits before or after the es- fiable information (PII) or protected health Schools [CFDA Number: 84.282M] (RIN: 1855- tablished hours of 1000–1500 and during inpa- information (PHI) be recorded, retrans- ZA08) received November 4, 2011, pursuant to tient quiet hours of 1300–1400 for other part- mitted, and or utilized in any manner with- 5 U.S.C. 801(a)(1)(A); to the Committee on ners in care will be reviewed on a case by out the express written consent of the pa- Education and the Workforce. case basis through the WFCC, attending phy- tient or their PNOK if incapacitated. 4070. A letter from the Program Manager, sician, and charge nurse. e. Due to dietary restrictions and infec- Department of Health and Human Services, 5. SI and VSI Patients. Visitation for the tious disease protocols, the distribution of transmitting the Department’s final rule — SI and VSI patients who are not WII will be home produced baked goods to the patients, Head Start Program (RIN: 0970-AC44) re- managed at the discretion of the attending families, or staff members is prohibited. ceived November 10, 2011, pursuant to 5 physician and respective charge nurse in f. No religious items (i.e. Bibles, reading U.S.C. 801(a)(1)(A); to the Committee on Edu- consultation with the patient. Visitors material, and/or artifacts) are allowed to be cation and the Workforce. should be limited to the immediate family or given away or used during a visit. 4071. A letter from the Director, Regula- other individuals identified by the patient 9. Release of Patient Information. All pa- tions Policy and Management Staff, Depart- and/or immediate family. These visits will be tient information will be released in accord- ment of Health and Human Services, trans- coordinated through the appropriate charge ance with reference (a). mitting the Department’s final rule — Bev- erages: Bottled Water Quality Standard; Es- nurse prior to being directed to the patient’s C.W. CALLAHAN, tablishing an Allowable Level for di(2- room. Chief of Staff. ethylhexyl)phthalate [Docket No.: FDA 1993- 6. WII Patients. Those visiting the WII in Mr. Speaker, I yield back the balance an official capacity will make their request N-0259 (Formerly Docket No.: 1993N-0085)] re- utilizing the WFCC ‘‘Gold Line’’ at (855) 875– of my time. ceived November 4, 2011, pursuant to 5 U.S.C. GOLD (4653) and will be limited to the hours f 801(a)(1)(A); to the Committee on Energy and of 1000–1500 Monday through Friday. To en- Commerce. 4072. A letter from the Chief, Policy and courage patient and family rest, foster a re- Rules Division, Federal Communications habilitative environment, and accommodate By unanimous consent, leave of ab- Commission, transmitting the Commission’s clinical necessities, it is requested visitors sence was granted to: final rule — Amendment of Part 15 regarding refrain from scheduling visits during inpa- Mr. DOYLE (at the request of Ms. new requirements and measurement guide- tient quiet hours of 1300–1400 daily. In gen- PELOSI) for after 4:30 p.m. today on ac- lines for Access Broadband over Power Line eral, officials visiting the WII population count of medical reasons. Systems; Carrier Current Systems, including outside the established visiting hours will Broadband over Power Line Systems [ET need prior approval from the WFCC. To en- f Docket No.: 04-37] [ET Docket No.: 03-104] re- sure an optimal experience, these visits will ENROLLED BILL SIGNED ceived November 15, 2011, pursuant to 5 be scheduled five (5) days prior to the U.S.C. 801(a)(1)(A); to the Committee on En- planned date; impromptu or last minute vis- Karen L. Haas, Clerk of the House, ergy and Commerce. its to the WII will not be entertained. WII reported and found truly enrolled a bill 4073. A letter from the Chief of Staff, Media visits include the following partners in care: of the House of the following title, Bureau, Federal Communications Commis- a. Family sion, transmitting the Commission’s final b. Leadership of Title 36 Congressionally which was thereupon signed by the Speaker: rule — Amendment of Section 73.622(i), Post- Charted Organizations Transition Table of DTV Allotments, Tele- c. Members of the: H.R. 394. An act to amend title 28, United vision Broadcast Stations (Panama City, (1) Executive States Code, to clarify the jurisdiction of the Florida) [MB Docket No.: 11-140] received No- (2) Legislative—to include Professional Federal courts, and for other purposes. vember 7, 2011, pursuant to 5 U.S.C. Staff Members (PSM) f 801(a)(1)(A); to the Committee on Energy and (3) Judiciary Commerce. d. Active duty General, Flag, and Senior ADJOURNMENT 4074. A letter from the Chief of Staff, Media Executive Service (SES). Bureau, Federal Communications Commis- e. Celebrities and sports personnel vetted Mr. KING of Iowa. Mr. Speaker, I move that the House do now adjourn. sion, transmitting the Commission’s final through the Staff Judge Advocate (SJA). rule — Standardized and Enhanced Disclo- f. Members of the press vetted through the The motion was agreed to; accord- sure Requirements for Television Broadcast Public Affairs Office (PAO). ingly (at 8 o’clock and 37 minutes Licensee Public Interest Obligations; Exten- g. Other partners in care who represent p.m.), the House adjourned until to- sion of the Filing Requirement For Chil- committees who wish to visit the WII from morrow, Friday, December 2, 2011, at 9 dren’s Television Programming Report (FCC the Veterans of Foreign Wars, American Le- a.m. Form 398) [MM Docket No.: 00-168] [MM gion, Fleet Reserve Association, Marine Docket No.: 00-44] received November 7, 2011, Corps League, Army League, and other simi- f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lar organizations shall be referred to the EXECUTIVE COMMUNICATIONS, mittee on Energy and Commerce. WFCC for WII visits. 4075. A letter from the Deputy Chief, CGB, h. Leadership of the Military Coalition and ETC. Federal Communications Commission, trans- National Military Veterans Alliance. Under clause 2 of rule XIV, executive mitting the Commission’s final rule — An- i. Out of town visitors or visitors who can- communications were taken from the glers for Christ Ministries, Inc.; New Begin- not come during normal visiting hours shall Speaker’s table and referred as follows: ning Ministries; Petitioners Identified in Ap- be referred to the WFCC for patient visits. pendix A; Interpretation of Economically j. Partners in care representing verifiable 4067. A letter from the Congressional Re- Burdensome Standard; Amendment of Sec- 501(c)(3) benevolent organizations wishing to view Coordinator, Department of Agri- tion 79.1(f) of the Commission’s Rules; Video interact with the WII and or provide goods or culture, transmitting the Department’s final Programming Accessibility; [CGB-CC-0005] services will be directed to the WFCC. These rule — Importation of French Beans and [CGB-CC-0007] [CG Docket No.: 06-181] [CG organizations will not be allowed unfettered Runner Beans From the Republic of Kenya Docket No.: 11-175] received November 7, access to the inpatient environment for the Into the United States [Docket No.: APHIS- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the purposes of information gathering, solicita- 2010-0101] (RIN: 0579-AD39) received Novem- Committee on Energy and Commerce. tion, or donation delivery. ber 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); 4076. A letter from the Chief, Broadband (1) All donations of goods or services to the to the Committee on Agriculture. Division, Wireless Telecommunications Bu- WII will be coordinated through the WFCC 4068. A letter from the Chief, Planning and reau, Federal Communications Commission, utilizing approved processes, vetting meth- Regulatory Affairs Branch, Department of transmitting the Commission’s final rule — ods, accountability, and delivery. Agriculture, transmitting the Department’s Implementation of Sections 716 and 717 of 7. Exceptions. SI, VSI, and WII patients final rule — Applying for Free and Reduced the Communications Act of 1934, as Enacted may refuse visitors at any time. Price Meals in the National School Lunch by the Twenty-First Century Communica- 8. Partners in Care Guidelines Program and School Breakfast Program and tions and Video Accessibility Act of 2010; a. All non-family visits must be scheduled for Benefits in the Special Milk Program, Amendments to the Commission’s Rules Im- five (5) days in advance. and Technical Amendments [FNS-2007-0023] plementing Sections 255 and 251(a)(2) of the b. Group size will not exceed five (5). (RIN: 0584-AD54) received November 15, 2011, Communications Act of 1934, as Enacted by c. All partners in care, under the age of 18, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Telecommunications Act of 1996; Acces- must be accompanied by an adult. mittee on Education and the Workforce. sible Mobile Phone Options for People who d. Photographs may not be taken before, 4069. A letter from the Assistant General are Blind, Deaf-Blind, or Have Low Vision during, or after the visit without express Counsel for Regulatory Services, Depart- [CG Docket No.: 10-213] [WT Docket No.: 96- permission and signed Health Insurance ment of Education, transmitting the Depart- 198] [CG Docket No.: 10-145] received Novem- Portability and Accountability Act docu- ment’s final rule — Final Priorities, Re- ber 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); mentation provided by the PAO and signed quirements, and Selection Criteria; Charter to the Committee on Energy and Commerce.

VerDate Mar 15 2010 02:41 Dec 02, 2011 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A01DE7.072 H01DEPT1 pwalker on DSK6VPTVN1PROD with HOUSE H8074 CONGRESSIONAL RECORD — HOUSE December 1, 2011 4077. A letter from the Chair, Federal Elec- (RIN: 1545-BH94) received November 16, 2011, rect the Secretary of the Interior to con- tion Commission, transmitting the Commis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tinue stocking fish in certain lakes in the sion’s final rule — Standards of Conduct [No- mittee on Ways and Means. North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan tice 2011-16] (RIN: 3209-AA15) received No- f vember 7, 2011, pursuant to 5 U.S.C. National Recreation Area (Rept. 112–305). Re- 801(a)(1)(A); to the Committee on House Ad- REPORTS OF COMMITTEES ON ferred to the Committee of the Whole House ministration. PUBLIC BILLS AND RESOLUTIONS on the state of the Union. 4078. A letter from the Federal Register Li- Mr. HASTINGS of Washington: Committee aison Officer, Department of Commerce, Under clause 2 of rule XIII, reports of on Natural Resources. H.R. 1556. A bill to transmitting the Department’s final rule — committees were delivered to the Clerk amend the Omnibus Indian Advancement Act Fee for Filing a Patent Application Other for printing and reference to the proper to allow certain land to be used to generate than by the Electronic Filing System [Dock- calendar, as follows: income to provide funding for academic pro- grams, and for other purposes (Rept. 112–306). et No.: PTO-P-2011-0065] (RIN: 0651-AC64) re- Mr. MICA: Committee on Transportation Referred to the Committee of the Whole ceived November 15, 2011, pursuant to 5 and Infrastructure. H.R. 2845. A bill to amend U.S.C. 801(a)(1)(A); to the Committee on the House on the state of the Union. title 49, United States Code, to provide for Mr. HASTINGS of Washington: Committee Judiciary. enhanced safety and environmental protec- 4079. A letter from the Assistant Secretary on Natural Resources. H.R. 1461. A bill to au- tion in pipeline transportation, to provide thorize the Mescalero Apache Tribe to lease Legislative Affairs, Department of State, for enhanced reliability in the transpor- transmitting the Department’s final rule — adjudicated water rights (Rept. 112–307). Re- tation of the Nation’s energy products by ferred to the Committee of the Whole House Visas: Documentation of Immigrants Under pipeline, and for other purposes; with an the Immigration and Nationality Act, as on the state of the Union. amendment (Rept. 112–297, Pt. 1). Referred to Mr. HASTINGS of Washington: Committee Amended (RIN: 1400-AC86) received Novem- the Committee of the Whole House on the ber 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); on Natural Resources. H.R. 991. A bill to state of the Union. amend the Marine Mammal Protection Act to the Committee on the Judiciary. Mr. HASTINGS of Washington: Committee 4080. A letter from the Chief, Trade and of 1972 to allow importation of polar bear on Natural Resources. S. 535. An act to au- Commercial Regulations Branch, Depart- trophies taken in sport hunts in Canada be- thorize the Secretary of the Interior to lease ment of Homeland Security, transmitting fore the date the polar bear was determined certain lands within Fort Pulaski National the Department’s final rule — Addition of to be a threatened species under the Endan- Monument, and for other purposes (Rept. the Cook Islands to the List of Nations Enti- gered Species Act of 1973; with an amend- 112–298). Referred to the Committee of the tled to Special Tonnage Tax Exemption re- ment (Rept. 112–308). Referred to the Com- Whole House on the state of the Union. ceived November 1, 2011, pursuant to 5 U.S.C. mittee of the Whole House on the state of Mr. HASTINGS of Washington: Committee 801(a)(1)(A); to the Committee on Ways and the Union. on Natural Resources. H.R. 1158. A bill to au- Mr. HASTINGS of Washington: Committee Means. thorize the conveyance of mineral rights by on Natural Resources. H.R. 850. A bill to fa- 4081. A letter from the Program Manager, the Secretary of the Interior in the State of cilitate a proposed project in the Lower St. Department of Homeland Security, transmit- Montana, and for other purposes; with an Croix Wild and Scenic River, and for other ting the Department’s final rule — Medicare amendment (Rept. 112–299). Referred to the purposes; with an amendment (Rept. 112–309). Program; Part A Premiums for CY 2012 for Committee of the Whole House on the state Referred to the Committee of the Whole the Uninsured Aged and for Certain Disabled of the Union. House on the state of the Union. Individuals Who Have Exhausted Other Enti- Mr. HASTINGS of Washington: Committee Mr. HASTINGS of Washington: Committee tlement (RIN: 0938-AQ15) received November on Natural Resources. H.R. 2172. A bill to fa- on Natural Resources. H.R. 306. A bill to di- 3, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to cilitate the development of wind energy re- rect the Secretary of the Interior to enter the Committee on Ways and Means. into an agreement to provide for manage- 4082. A letter from the Chief, Publications sources on Federal lands, with an amend- ment (Rept. 112–300, Pt. 1). Referred to the ment of the free-roaming wild horses in and and Regulations Branch, Internal Revenue around the Currituck National Wildlife Ref- Service, transmitting the Service’s final rule Committee of the Whole House on the state of the Union. uge; with an amendment (Rept. 112–310). Re- — 2012 Limitations Adjusted As Provided in ferred to the Committee of the Whole House Section 415(d), etc. [Notice 2011-90] received Mr. HASTINGS of Washington: Committee on Natural Resources. H.R. 2842. A bill to au- on the state of the Union. November 8, 2011, pursuant to 5 U.S.C. Mr. NUGENT: Committee on Rules. House 801(a)(1)(A); to the Committee on Ways and thorize all Bureau of Reclamation conduit facilities for hydropower development under Resolution 479. Resolution providing for con- Means. sideration of the bill (H.R. 10) to amend 4083. A letter from the Chief, Publications Federal Reclamation Law, and for other pur- poses; with an amendment (Rept. 112–301). chapter 8 of title 5, United States Code, to and Regulations Branch, Internal Revenue provide that major rules of the executive Service, transmitting the Service’s final rule Referred to the Committee of the Whole House on the state of the Union. branch shall have no force or effect unless a — Branded Prescription Drug Fee; Guidance joint resolution of approval is enacted into for the 2012 Fee Year [Notice 2011-92] received Mr. HASTINGS of Washington: Committee on Natural Resources. H.R. 2803. A bill to di- law, and for other purposes (Rept. 112–311). November 8, 2011, pursuant to 5 U.S.C. Referred to the House Calendar. 801(a)(1)(A); to the Committee on Ways and rect the Secretary of the Interior, acting DISCHARGE OF COMMITTEE Means. through the Bureau of Ocean Energy Man- 4084. A letter from the Chief, Publications agement, Regulation and Enforcement, to Pursuant to clause 2 of rule XIII the and Regulations Branch, Internal Revenue conduct a technological capability assess- Committee on Energy and Commerce Service, transmitting the Service’s final rule ment, survey, and economic feasibility study discharged from further consideration. — Appleton v. Commissioner, 135 T.C. 461 re- regarding recovery of minerals, other than H.R. 2845 referred to the Committee of ceived November 8, 2011, pursuant to 5 U.S.C. oil and natural gas, from the shallow and the Whole House on the state of the 801(a)(1)(A); to the Committee on Ways and deep seabed of the United States; with amendments (Rept. 112–302). Referred to the Union, and ordered to be printed. Means. Pursuant to clause 2 of rule XIII the 4085. A letter from the Chief, Publications Committee of the Whole House on the state and Regulations Branch, Internal Revenue of the Union. Committee on Agriculture discharged Service, transmitting the Service’s final rule Mr. HASTINGS of Washington: Committee from further consideration. H.R. 2172 — Tribal Economic Development Bonds — on Natural Resources. H.R. 2578. A bill to referred to the Committee of the Whole Request for Public Comment on Volume Cap amend the Wild and Scenic Rivers Act re- House on the state of the Union. lated to a segment of the Lower Merced Allocation Process and Optional Extension f of Deadline to Issue Bonds (Announcement River in California, and for other purposes 2011-71) received November 17, 2011, pursuant (Rept. 112–303). Referred to the Committee of PUBLIC BILLS AND RESOLUTIONS to 5 U.S.C. 801(a)(1)(A); to the Committee on the Whole House on the state of the Union. Under clause 2 of rule XII, public Ways and Means. Mr. HASTINGS of Washington: Committee bills and resolutions of the following 4086. A letter from the Chief, Publications on Natural Resources. H.R. 2360 A bill to and Regulations Branch, Internal Revenue amend the Outer Continental Shelf Lands titles were introduced and severally re- Service, transmitting the Service’s final rule Act to extend the Constitution, laws, and ju- ferred, as follows: — Information reporting of mortgage inter- risdiction of the United States to installa- By Mr. RAHALL (for himself, Mr. est received in a trade or business from an tions and devices attached to the seabed of DEFAZIO, Mr. COSTELLO, Ms. NORTON, individual (Rev. Proc. 2011-55) received No- the Outer Continental Shelf for the produc- Mr. NADLER, Ms. BROWN of Florida, vember 16, 2011, pursuant to 5 U.S.C. tion and support of production of energy Mr. FILNER, Ms. EDDIE BERNICE JOHN- 801(a)(1)(A); to the Committee on Ways and from sources other than oil and gas, and for SON of Texas, Mr. CUMMINGS, Mr. BOS- Means. other purposes (Rept. 112–304). Referred to WELL, Mr. HOLDEN, Mr. CAPUANO, Mr. 4087. A letter from the Chief, Publications the Committee of the Whole House on the BISHOP of New York, Mr. MICHAUD, and Regulations Branch, Internal Revenue state of the Union. Mr. CARNAHAN, Mrs. NAPOLITANO, Mr. Service, transmitting the Service’s final rule Mr. HASTINGS of Washington: Committee LIPINSKI, Mr. ALTMIRE, Mr. WALZ of — Graduated Retained Interests [TD 9555] on Natural Resources. H.R. 2351. A bill to di- Minnesota, and Mr. COHEN):

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H.R. 3533. A bill to ensure that transpor- Mr. CULBERSON, Mr. LATTA, Mr. GOH- By Mr. GRIJALVA: tation and infrastructure projects carried MERT, Mr. FRANKS of Arizona, Mr. H.R. 3542. A bill to amend section 5001 of out using Federal financial assistance are FORBES, Mr. BARTLETT, Mr. MCKEON, division B of the American Recovery and Re- constructed with steel, iron, and manufac- Mr. TIBERI, Mr. SMITH of Texas, Mr. investment Act of 2009 to extend the tem- tured goods that are produced in the United LONG, Mr. PEARCE, Mr. HARPER, Ms. porary increase in Medicaid FMAP through States, and for other purposes; to the Com- JENKINS, Mr. WOODALL, Mr. CARTER, the end of fiscal year 2012; to the Committee mittee on Transportation and Infrastruc- Mrs. BLACKBURN, Mr. STUTZMAN, Ms. on Energy and Commerce. ture, and in addition to the Committee on HAYWORTH, Mr. GRIFFIN of Arkansas, By Mr. JOHNSON of Illinois: Financial Services, for a period to be subse- Mr. CONAWAY, Mr. SCHOCK, Mr. AUS- H.R. 3543. A bill to amend title 18, United quently determined by the Speaker, in each TRIA, Mr. SIMPSON, Mr. SCOTT of States Code, to provide a national standard case for consideration of such provisions as South Carolina, Mr. AMASH, Mr. in accordance with which nonresidents of a fall within the jurisdiction of the committee FLAKE, Mr. HARRIS, Mr. CANSECO, Mr. State may carry concealed firearms in the concerned. KINZINGER of Illinois, Mr. BACHUS, State; to the Committee on the Judiciary. By Mr. HANNA (for himself and Mr. Mr. KING of Iowa, Mr. BUCHANAN, By Mr. MCCLINTOCK: MULVANEY): Mrs. NOEM, Mr. DESJARLAIS, Mr. H.R. 3544. A bill to amend the Federal H.R. 3534. A bill to amend title 31, United BURTON of Indiana, Mr. CAMPBELL, Water Pollution Control Act to limit citizens States Code, to revise requirements related Mr. ROSKAM, Mr. ROKITA, Mr. ISSA, suits against publicly owned treatment to assets pledged by a surety, and for other Ms. HERRERA BEUTLER, Ms. GRANGER, works, to provide for defenses, to extend the purposes; to the Committee on the Judici- Mr. PENCE, Mrs. ADAMS, Mr. DIAZ- period of a permit, to limit attorneys fees, ary. BALART, Ms. ROS-LEHTINEN, Mr. and for other purposes; to the Committee on By Mr. POLIS (for himself and Mrs. BRADY of Texas, Mr. ROONEY, Mr. Transportation and Infrastructure. DAVIS of California): COOPER, Mr. GARDNER, Mr. GARRETT, By Mr. PITTS (for himself, Mr. PETRI, H.R. 3535. A bill to improve outcomes for Mr. AKIN, Mr. HUELSKAMP, Mr. Mr. HINOJOSA, Mr. HOLDEN, and Mr. students in persistently low-performing NEUGEBAUER, Mrs. CAPITO, Mr. REED, RIBBLE): schools, to create a culture of recognizing, H.R. 3545. A bill to amend title 49, United Mr. FINCHER, Mr. GRAVES of Georgia, rewarding, and replicating educational excel- States Code, to allow additional transit sys- Mr. BONNER, Mr. ROGERS of Alabama, lence, to authorize school turnaround grants, tems greater flexibility with certain public Mr. SAM JOHNSON of Texas, Mr. and for other purposes; to the Committee on transportation projects; to the Committee THORNBERRY, Mr. BILIRAKIS, Mr. Education and the Workforce. on Transportation and Infrastructure. POSEY, Mr. SCALISE, Mr. PITTS, Mrs. By Mr. JOHNSON of Georgia (for him- By Mr. TURNER of Ohio: BIGGERT, Mr. FLEMING, Mr. QUAYLE, self, Mr. BARLETTA, Mr. FILNER, Mr. H.R. 3546. A bill to allow an occupancy Mrs. BONO MACK, Mr. CAMP, and Mr. HOLT, Mr. CARNAHAN, Mr. LEWIS of for veterans in housing projects BISHOP of Utah): Georgia, Mr. STARK, Mr. ALTMIRE, developed on property of the Department of H.R. 3538. A bill to amend the Railway Mr. RANGEL, Ms. PINGREE of Maine, Veterans Affairs with assistance provided Labor Act to direct the National Mediation and Mr. BISHOP of New York): under the Department of Housing and Urban Board to apply the same procedures, includ- H.R. 3536. A bill to direct the Secretary of Development program for supportive housing ing voting standards, to the direct decerti- Transportation to delay certain target com- for very low-income elderly persons; to the fication of a labor organization as is applied pliance dates for minimum retroreflectivity Committee on Financial Services. to elections to certify a representative, and level standards applicable to traffic signs, By Ms. WATERS (for herself, Mr. CON- for other purposes; to the Committee on and for other purposes; to the Committee on YERS, Mr. SCOTT of Virginia, Ms. LEE Transportation and Infrastructure. Transportation and Infrastructure. of California, Mrs. CHRISTENSEN, Mr. By Mr. CANSECO: By Mr. REHBERG: FRANK of Massachusetts, Mr. GRI- H.R. 3539. A bill to terminate the HOPE VI H.R. 3537. A bill to require the Secretary of JALVA, Mr. TOWNS, Ms. SPEIER, Ms. program of the Department of Housing and State to act on a permit for the Keystone XL WILSON of Florida, Mr. CLARKE of Urban Development; to the Committee on pipeline; to the Committee on Transpor- Michigan, Ms. NORTON, Mr. CLAY, Ms. Financial Services, and in addition to the tation and Infrastructure, and in addition to BROWN of Florida, Mr. RANGEL, Mr. Committee on Appropriations, for a period to the Committees on Foreign Affairs, Energy DAVIS of Illinois, Mr. HASTINGS of be subsequently determined by the Speaker, and Commerce, and Natural Resources, for a Florida, Mr. JACKSON of Illinois, Ms. in each case for consideration of such provi- period to be subsequently determined by the RICHARDSON, Mr. JOHNSON of Georgia, sions as fall within the jurisdiction of the Speaker, in each case for consideration of Mrs. MALONEY, Mr. LEWIS of Georgia, committee concerned. such provisions as fall within the jurisdic- Mr. CLEAVER, Ms. WOOLSEY, Mr. AL By Mr. CARTER (for himself, Mr. tion of the committee concerned. GREEN of Texas, Mr. PAYNE, Mr. SMITH of Texas, and Mr. COURTNEY): By Mr. MICA (for himself, Mr. GIBBS, ELLISON, Mr. FILNER, Mr. GUTIERREZ, Mr. COBLE, Mr. JONES, Mr. BARLETTA, H.R. 3540. A bill to amend the Internal Rev- Mr. HONDA, Ms. SCHAKOWSKY, Mr. Mr. GERLACH, Mr. PLATTS, Mr. enue Code of 1986 to increase the tax benefits BLUMENAUER, Mr. WATT, and Mr. CRAVAACK, Mr. DENHAM, Mr. SES- for assistance for military fami- SERRANO): SIONS, Mr. BUCSHON, Mr. RENACCI, Mr. lies; to the Committee on Ways and Means. H.R. 3547. A bill to provide for an effective LUETKEMEYER, Mr. GUTHRIE, Mr. By Mr. FRANKS of Arizona (for him- HIV/AIDS program in Federal prisons; to the WEST, Mr. WEBSTER, Mr. BROUN of self, Mr. COLE, Mr. HUELSKAMP, Mr. Committee on the Judiciary. Georgia, Mr. DANIEL E. LUNGREN of LANKFORD, Mr. FLEMING, Mr. BISHOP By Mr. MURPHY of Connecticut (for California, Mr. OLSON, Mr. GOWDY, of Utah, Mr. PENCE, Mr. CHABOT, Mr. himself, Mr. LARSON of Connecticut, Mr. TURNER of Ohio, Mr. YOUNG of POSEY, Mr. GRAVES of Georgia, Mr. Ms. DELAURO, Mr. COURTNEY, and Mr. Alaska, Mr. WESTMORELAND, Mr. GOHMERT, Mr. HULTGREN, Mr. GAR- HIMES): AUSTIN SCOTT of Georgia, Mrs. LUM- RETT, Mrs. SCHMIDT, Mr. BRADY of H. Con. Res. 91. Concurrent resolution rec- MIS, Ms. FOXX, Mr. COLE, Mr. CREN- Texas, Mr. FORBES, Mr. WILSON of ognizing the need to improve physical access SHAW, Mr. ADERHOLT, Mr. FORTEN- South Carolina, Mr. STUTZMAN, Mrs. to many United States postal facilities for BERRY, Mr. LANKFORD, Mr. WALBERG, LUMMIS, Mr. ROE of Tennessee, Mr. all people in the United States in particular Mr. MACK, Mr. FARENTHOLD, Mr. NEUGEBAUER, Mr. HARRIS, Mr. YODER, disabled citizens; to the Committee on Over- GUINTA, Mr. CHAFFETZ, Mr. JORDAN, Mr. WALBERG, Mr. BOREN, Mr. BART- sight and Government Reform, and in addi- Ms. BUERKLE, Mr. GOSAR, Mr. ROSS of LETT, Mr. SMITH of Texas, Mr. LIPIN- tion to the Committees on Education and Florida, Mr. MCHENRY, Mr. GARY G. SKI, Mrs. BLACK, Mr. BOUSTANY, Mr. the Workforce, the Judiciary, Energy and MILLER of California, Mr. CRAWFORD, WESTMORELAND, Mr. PEARCE, Mr. Commerce, and Transportation and Infra- Mr. GRAVES of Missouri, Mr. HERGER, HUIZENGA of Michigan, Mr. ROSS of structure, for a period to be subsequently de- Mr. CHABOT, Mr. DUNCAN of Ten- Florida, Mr. KINZINGER of Illinois, termined by the Speaker, in each case for nessee, Mr. RIBBLE, Mr. HULTGREN, Mr. BURTON of Indiana, Mr. AKIN, Mr. consideration of such provisions as fall with- Mr. HENSARLING, Mr. PRICE of Geor- FORTENBERRY, Mr. JONES, Mr. DUN- in the jurisdiction of the committee con- gia, Mr. WOMACK, Mr. SOUTHERLAND, CAN of Tennessee, Mrs. BLACKBURN, cerned. Mr. MILLER of Florida, Mr. WILSON of Mr. CRAWFORD, Mr. MCCAUL, Mr. By Mr. CANSECO: South Carolina, Mr. ROHRABACHER, BROUN of Georgia, Mr. MANZULLO, H. Res. 480. A resolution amending the Mr. POE of Texas, Mrs. SCHMIDT, Mr. Mr. MCHENRY, Mr. LATTA, Mrs. ROBY, Rules of the House of Representatives to pro- SHUSTER, Mr. HANNA, Mr. PETRI, Mr. Mr. SCALISE, Mr. FARENTHOLD, Mr. hibit Members, Delegates, the Resident Com- SULLIVAN, Mr. STIVERS, Mr. HURT, MCCOTTER, Mr. COBLE, Mr. MILLER of missioner, and officers and employees of the Mr. KINGSTON, Mr. YOUNG of Florida, Florida, Mr. PETERSON, and Mr. House from buying or selling securities while Mr. FRELINGHUYSEN, Mr. SMITH of New Jersey): in possession of material, nonpublic informa- FLEISCHMANN, Mr. BROOKS, Mr. H.R. 3541. A bill to prohibit discrimination tion, and for other purposes; to the Com- LANDRY, Mrs. MYRICK, Mr. HUNTER, against the unborn on the basis of sex or mittee on Ethics. Mr. GINGREY of Georgia, Mr. ROE of race, and for other purposes; to the Com- By Mr. CRENSHAW (for himself, Mr. Tennessee, Mr. STEARNS, Mr. LUCAS, mittee on the Judiciary. JACKSON of Illinois, Mr. KING of New

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York, Mr. ROSS of Florida, Mrs. By Mr. FRANKS of Arizona: H.R. 1063: Ms. SEWELL, Mr. OWENS, Mr. MALONEY, Mr. MCGOVERN, Mr. H.R. 3541. MARCHANT, and Mr. MCDERMOTT. MORAN, Mr. HOLT, Mr. LATHAM, Mr. Congress has the power to enact this legis- H.R. 1084: Mr. TOWNS. TIBERI, and Mr. RANGEL): lation pursuant to the following: H.R. 1131: Ms. WILSON of Florida. H. Res. 481. A resolution supporting the The Commerce Clause; Section 2 of the H.R. 1133: Mr. MICHAUD. goals and ideals of ‘‘Crohn’s and Colitis 13th Amendment; Section 5 of the 14th H.R. 1148: Mr. GRIFFIN of Arkansas, Mr. Awareness Week’’; to the Committee on En- Amendment; Art. 1, Section 8. TONKO, Mr. LANDRY, Mr. MCINTYRE, Mr. ergy and Commerce. By Mr. GRIJALVA: YOUNG of Indiana, Mr. GOSAR, Mrs. CAPITO, By Mr. FLAKE: H.R. 3542. Mr. BECERRA, Mr. SCALISE, and Mr. YOUNG of H. Res. 482. A resolution prohibiting the Congress has the power to enact this legis- Florida. use of a Members’ representational allow- lation pursuant to the following: H.R. 1161: Mr. TURNER of Ohio. ance to obtain advertising on any Internet U.S. Const. art. I, §§ 1 and 8. H.R. 1175: Mr. SCHIFF, Mr. HOLDEN, and site other than an official site of the Member By Mr. JOHNSON of Illinois: Mrs. MYRICK. involved; to the Committee on House Admin- H.R. 3543. H.R. 1186: Mr. QUAYLE and Mr. istration. Congress has the power to enact this legis- FARENTHOLD. f lation pursuant to the following: H.R. 1206: Mr. MICA. 14th Amendment, Section II, which states H.R. 1238: Ms. WILSON of Florida. CONSTITUTIONAL AUTHORITY that ‘‘No State shall make or enforce any H.R. 1288: Mr. LATHAM. STATEMENT law which shall abridge the privileges or im- H.R. 1327: Mr. SCALISE, Mr. DENHAM, Mr. TURNER of New York, Mr. KELLY, Mr. HAR- Pursuant to clause 7 of rule XII of munities of citizens of the United States.’’ PER, Mr. POE of Texas, Mr. TURNER of Ohio, the Rules of the House of Representa- By Mr. MCCLINTOCK: H.R. 3544. Mr. ROONEY, Mr. BUCSHON, Mr. BASS of New tives, the following statements are sub- Congress has the power to enact this legis- Hampshire, Mr. LATOURETTE, Mr. NUNES, Mr. mitted regarding the specific powers lation pursuant to the following: FRELINGHUYSEN, Mr. SIMPSON, Mr. PERL- granted to Congress in the Constitu- Article I Section 1; and Article I, Section 8, MUTTER, and Mr. GUINTA. tion to enact the accompanying bill or Clause 18 of the Constitution of the United H.R. 1370: Mr. LABRADOR and Mr. OLSON. joint resolution. States of America. H.R. 1418: Ms. LORETTA SANCHEZ of Cali- fornia. By Mr. RAHALL: By Mr. PITTS: H.R. 1433: Mr. KING of Iowa. H.R. 3533. H.R. 3545. H.R. 1489: Mr. YARMUTH. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1511: Mr. TONKO and Mr. AMODEI. lation pursuant to the following: lation pursuant to the following: H.R. 1513: Ms. MATSUI, Mr. KING of New Article I, Section 8, Clause 3 and Clause 18 Article I Section 8 York, and Mr. BASS of New Hampshire. of the Constitution. By Mr. TURNER of Ohio: H.R. 1544: Mr. REED. By Mr. HANNA: H.R. 3546. H.R. 1568: Mr. CLEAVER. H.R. 3534. Congress has the power to enact this legis- H.R. 1580: Mr. TIBERI and Mr. POMPEO. Congress has the power to enact this legis- lation pursuant to the following: H.R. 1614: Mr. POSEY. lation pursuant to the following: Clauses 3, 14 and 18 of Section 8 of Article H.R. 1639: Mr. CARTER. The Constitutional authority on which I of the Constitution H.R. 1656: Mr. HOLT. this bill rests is enumerated in Clause 3 of By Ms. WATERS: H.R. 1704: Ms. EDDIE BERNICE JOHNSON of Section 8 of Article I of the United States H.R. 3547. Texas. Constitution. Congress has the power to enact this legis- H.R. 1734: Mr. WOMACK. By Mr. POLIS: lation pursuant to the following: H.R. 1738: Ms. CASTOR of Florida and Ms. H.R. 3535. Article 1, Section 8, Clause 1 of the U.S. KAPTUR. Congress has the power to enact this legis- Constitution, H.R. 1744: Ms. GRANGER. lation pursuant to the following: Article 1, section 8, Clause 18 of the U.S. H.R. 1834: Mr. STUTZMAN, Mr. WILSON of Article I, Section 1, Constitution, and Amendment VIII to the South Carolina, Mrs. BLACKBURN, Ms. All legislative Powers herein granted shall U.S. Constitution. be vested in a Congress of the United States, GRANGER, Mr. HULTGREN, Mr. GOHMERT, Mr. which shall consist of a Senate and House of f COLE, Mr. NEUGEBAUER, Mr. FRANKS of Ari- Representatives. zona, Mr. WALBERG, Mr. LONG, Mr. BUCSHON, ADDITIONAL SPONSORS TO PUBLIC Mr. YODER, Mr. CRAWFORD, Mr. BISHOP of By Mr. JOHNSON of Georgia: BILLS AND RESOLUTIONS H.R. 3536. Utah, Mr. MCHENRY, and Mr. GIBBS. Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors H.R. 1897: Mr. LOEBSACK and Mr. WOMACK. lation pursuant to the following: were added to public bills and resolu- H.R. 1903: Mrs. MALONEY. H.R. 1905: Mr. ROGERS of Kentucky. Article I, Sec. 8 cl. 1 and cl. 3. tions as follows: By Mr. REHBERG: H.R. 2002: Mr. LABRADOR. H.R. 3537. H.R. 139: Mr. HASTINGS of Florida, Ms. H.R. 2016: Mr. TONKO, Mr. POLIS, Mr. Congress has the power to enact this legis- SPEIER, and Ms. WOOLSEY. OWENS, Mr. COOPER, and Ms. TSONGAS. lation pursuant to the following: H.R. 266: Mr. RANGEL. H.R. 2070: Mr. HECK. Article I, 8, clause 3, the commerce clause H.R. 267: Mr. RANGEL. H.R. 2082: Mr. POLIS. By Mr. MICA: H.R. 329: Ms. BERKLEY. H.R. 2084: Mr. PRICE of North Carolina. H.R. 3538. H.R. 333: Mr. MCCOTTER, Ms. DEGETTE, and H.R. 2093: Mr. GRIJALVA. Congress has the power to enact this legis- Mr. CARTER. H.R. 2121: Mrs. MYRICK. lation pursuant to the following: H.R. 363: Mr. BLUMENAUER. H.R. 2127: Ms. MOORE and Ms. CASTOR of Article I, Section 8 of the United States H.R. 389: Mr. HARRIS, Mr. PAULSEN, Mr. Florida. Constitution, specifically Clause 18, the nec- BROUN of Georgia, Mr. FARENTHOLD, Mr. H.R. 2245: Mr. PASCRELL. essary and proper clause. BISHOP of Utah, and Mr. FLORES. H.R. 2267: Mr. MCKINLEY, Mr. MILLER of By Mr. CANSECO: H.R. 414: Mr. RYAN of Ohio. North Carolina, Mr. TIERNEY, Mr. TONKO, Mr. H.R. 3539. H.R. 420: Mr. SCOTT of South Carolina and YOUNG of Alaska, Mr. COHEN, Mrs. LUMMIS, Congress has the power to enact this legis- Mr. BASS of New Hampshire. Ms. CASTOR of Florida, Mr. FITZPATRICK, Mr. lation pursuant to the following: H.R. 452: Mr. SIMPSON and Mr. GARDNER. JOHNSON of Illinois, Ms. NORTON, Mr. SMITH Article I, Section 9, Clause 7 of the United H.R. 512: Mr. KILDEE. of Texas, Mr. TIPTON, and Mr. WALZ of Min- States Constitution stipulates that funds H.R. 531: Mr. HIMES. nesota. may not be drawn from the Treasury, unless H.R. 555: Mr. NADLER. H.R. 2268: Mr. PITTS. previously authorized by law. This clause H.R. 593: Mrs. ROBY and Mr. KLINE. H.R. 2272: Ms. ZOE LOFGREN of California. gives Congress the power to authorize spend- H.R. 618: Mr. DEUTCH. H.R. 2284: Mr. DENHAM. ing by law; consequently, Congress has the H.R. 651: Ms. HAHN. H.R. 2288: Mr. CLEAVER and Mr. MILLER of power to repeal authorization for previously H.R. 665: Mr. CALVERT. Florida. authorized spending by law. H.R. 718: Mr. MCDERMOTT and Ms. HERRERA H.R. 2313: Mr. SCOTT of South Carolina, Mr. By Mr. CARTER: BEUTLER. HUELSKAMP, Mr. COLE, Mr. LANKFORD, Mr. H.R. 3540. H.R. 719: Mr. GENE GREEN of Texas. FLEMING, Mr. BISHOP of Utah, Mr. PENCE, Mr. Congress has the power to enact this legis- H.R. 721: Mr. CARDOZA, Mrs. HARTZLER, Mr. POSEY, Mr. LAMBORN, Mr. GRAVES of Georgia, lation pursuant to the following: HERGER, Mr. GOWDY, Mr. SMITH of Nebraska, Mr. GOHMERT, Mr. BROOKS, Mr. HULTGREN, Article I, Section 8, Clause 1: The Congress and Mr. GRAVES of Georgia. Mrs. SCHMIDT, Mr. WILSON of South Carolina, shall have Power To lay and collect Taxes, H.R. 808: Ms. HAHN. Mr. ROE of Tennessee, Mr. MCCLINTOCK, Mr. Duties, Imposts and Excises, to pay the H.R. 835: Mr. COFFMAN of Colorado. FRANKS of Arizona, Mr. ROKITA, and Mr. Debts and provide for the common Defence H.R. 880: Mr. LATHAM. WALBERG. and general Welfare of the United States; H.R. 885: Mr. FRANK of Massachusetts. H.R. 2316: Mr. DAVIS of Illinois.

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H.R. 2335: Mr. GRIMM and Mr. YODER. H.R. 3143: Mr. GARY G. MILLER of Cali- SMITH of Nebraska, Mr. JONES, Mr. GARY G. H.R. 2353: Mr. THOMPSON of California. fornia. MILLER of California, Mr. GRIFFIN of Arkan- H.R. 2426: Mr. ROE of Tennessee. H.R. 3151: Mr. TOWNS and Mr. HASTINGS of sas, Mr. ROSKAM, Mr. LATTA, Mr. SCALISE, H.R. 2461: Mr. WOMACK and Mr. YOUNG of Florida. Ms. BROWN of Florida, Mr. COBLE, Mr. Alaska. H.R. 3178: Mr. TIERNEY, Ms. ESHOO, Ms. PLATTS, Mr. GUTIERREZ, Mrs. BLACKBURN, H.R. 2484: Mr. DEFAZIO. ROYBAL-ALLARD, and Ms. HAHN. Mr. THOMPSON of California, Mrs. HARTZLER, H.R. 2528: Mr. PITTS. H.R. 3179: Mrs. NOEM, Mr. DEUTCH, and Ms. Mr. SCHIFF, Mr. YOUNG of Indiana, Mr. H.R. 2555: Mr. MILLER of North Carolina. CHU. SERRANO, Ms. BORDALLO, Mr. MORAN, Mr. H.R. 2569: Mr. ROSS of Florida. H.R. 3187: Mr. STEARNS. NUGENT, Mr. HINCHEY, Ms. HAYWORTH, Mr. H.R. 2634: Mr. MCDERMOTT. H.R. 3200: Mr. CONYERS and Mr. JOHNSON of PALLONE, Mr. ROTHMAN of New Jersey, H.R. 2674: Ms. SLAUGHTER, Mr. CARNAHAN, Illinois. Mr. DUNCAN of Tennessee, Mr. LANCE, Mr. Mr. CUMMINGS, Mr. TURNER of Ohio, and Ms. H.R. 3210: Mr. KINGSTON. MICA, Mr. BACHUS, Mr. BARTLETT, Mr. AUS- SCHAKOWSKY. H.R. 3236: Mr. PETERSON. TIN SCOTT of Georgia, Mr. QUAYLE, Mr. SMITH H.R. 3243: Mr. WOMACK. H.R. 2697: Mr. TURNER of Ohio, Mr. FRANKS of Washington, Mr. UPTON, Mr. MARCHANT, H.R. 3258: Mr. PIERLUISI. of Arizona, and Mr. BROUN of Georgia. and Mr. CAMP. H.R. 2705: Mrs. CAPPS, Ms. HAHN, Mr. NAD- H.R. 3269: Mr. BILIRAKIS, Mr. CONNOLLY of H.R. 3423: Ms. KAPTUR, Mr. CUMMINGS, Mr. LER, and Mr. LARSON of Connecticut. Virginia, Mr. BURTON of Indiana, Mr. GRIFFIN MCCOTTER, Ms. BASS of California, Mr. H.R. 2717: Mr. LYNCH, Mr. MURPHY of Con- of Arkansas, Mr. LANGEVIN, Ms. LINDA T. OLVER, and Mr. RIGELL. necticut, Mr. REYES, and Mr. MATHESON. SA´ NCHEZ of California, Mrs. ELLMERS, Mr. H.R. 3425: Mr. MURPHY of Connecticut. H.R. 2738: Mr. SCHIFF. PAULSEN, Mr. RAHALL, Mr. REED, Mr. WITT- H.R. 2741: Mr. TOWNS. MAN, Mr. NUGENT, Mr. GIBSON, Mr. MURPHY H.R. 3437: Mr. BERMAN. H.R. 2772: Mr. POSEY. of Pennsylvania, Mr. WEST, Mr. REICHERT, H.R. 3440: Mr. BOUSTANY, Mr. CANSECO, and H.R. 2866: Mr. SHIMKUS. Mr. JACKSON of Illinois, and Mr. ROSKAM. Mr. MCCLINTOCK. H.R. 2898: Mr. MILLER of Florida and Mr. H.R. 3271: Ms. SPEIER. H.R. 3470: Mr. RENACCI. SCALISE. H.R. 3286: Mr. HEINRICH, Mr. BERMAN, and H.R. 3480: Mr. RIBBLE, Mr. FLORES, Mr. H.R. 2913: Mr. FLEMING and Mr. RIBBLE. Mrs. NAPOLITANO. ROSS of Florida, and Mr. QUAYLE. H.R. 2948: Mr. LEVIN. H.R. 3294: Mr. BURGESS. H.R. 3481: Mr. ROSS of Florida. H.R. 2966: Ms. MATSUI, Mr. LYNCH, Ms. CAS- H.R. 3326: Mr. BROOKS, Mrs. LUMMIS, and H.R. 3485: Ms. ESHOO and Mr. BLUMENAUER. TOR of Florida, and Mr. FARR. Mr. HUIZENGA of Michigan. H.R. 3519: Mr. FILNER. H.R. 2969: Mr. PIERLUISI. H.R. 3364: Ms. MOORE and Mr. RUPPERS- H.R. 3525: Mr. BRADY of Pennsylvania. H.R. 3000: Mr. WOMACK. BERGER. H.J. Res. 8: Mr. HIGGINS. H.R. 3001: Mr. BURTON of Indiana, Mr. H.R. 3379: Mr. SIMPSON, Mr. WOMACK, and H.J. Res. 78: Mr. HEINRICH and Mr. GENE CHABOT, Mr. BARTON of Texas, Mr. PRICE of Mr. MCKINLEY. GREEN of Texas. Georgia, Mr. LAMBORN, Mr. CLAY, Mr. H.R. 3409: Mr. BARTLETT and Mr. LATOU- H.J. Res. 88: Mr. JACKSON of Illinois and ISRAEL, Mr. SCHWEIKERT, Ms. BROWN of Flor- RETTE. Ms. PINGREE of Maine. ida, Mr. CROWLEY, Ms. RICHARDSON, Mr. H.R. 3414: Mr. WILSON of South Carolina H.J. Res. 91: Mr. COOPER, Mr. LANDRY, and DEUTCH, Mr. ENGEL, Mr. CARNAHAN, and Ms. and Mr. GOHMERT. Mr. SHUSTER. KAPTUR. H.R. 3418: Ms. SCHAKOWSKY. H.R. 3015: Mr. CUMMINGS. H.R. 3421: Mr. SCHILLING, Mr. PENCE, Mr. H. Con. Res. 85: Ms. FUDGE, Mr. DAVIS of Il- H.R. 3040: Mr. PETERSON. BUCSHON, Mr. SHIMKUS, Mr. TURNER of Ohio, linois, Mr. INSLEE, and Mr. CAPUANO. H.R. 3042: Mr. GERLACH and Mr. HINCHEY. Mr. MCCOTTER, Mr. BASS of New Hampshire, H. Con. Res. 87: Mr. KISSELL. H.R. 3057: Mr. CRAVAACK. Mr. TIBERI, Mr. FRELINGHUYSEN, Mr. LATOU- H. Res. 462: Mr. HULTGREN. H.R. 3059: Mr. POE of Texas and Mr. LANCE. RETTE, Mr. LANDRY, Mr. LATHAM, Mrs. EMER- H. Res. 475: Mrs. BLACK, Mr. BROUN of H.R. 3074: Mr. GRIFFIN of Arkansas. SON, Mr. BUCHANAN, Mr. STIVERS, Mr. CAPU- Georgia, Mr. GOWDY, Mr. BURTON of Indiana, H.R. 3104: Mr. YODER. ANO, Mr. HUNTER, Mr. LOBIONDO, Mr. CARSON Mr. WALBERG, and Mr. GUTHRIE. H.R. 3123: Mr. OWENS. of Indiana, Mr. TURNER of New York, Mr. H. Res. 476: Mr. MCINTYRE.

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